JOINT DECREE OF
NATIONAL POLICE CHIEF
AND
DIRECTOR GENERAL OF CUSTOMS AND EXCISE
No. Skep/02/VIII/2000
No. KEP-53/BC/2000
ON
SECOND AMENDMENT TO JOINT DECREE OF
THE CHIEF OF THE NATIONAL POLICE FORCE AND
THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE
No. POLICE: SKEP/05/IX/1999 AND
No. DIRECTOR GENERAL OF CUSTOMS AND EXCISE: 56A/BC/1999 DATED SEPTEMBER 1, 1999
ON
A GUIDELINE FOR THE IMPLEMENTATION OF THE SETTLEMENT OF CUSTOMS OBLIGATIONS AND
THE REGISTRATION OF MOTORIZED VEHICLES ORIGINATING FROM THE FACILITIES OF
REPRESENTATIVES OF FOREIGN COUNTRIES (GOVERNMENT REGULATION No. 8/1957) AND
INTERNATIONAL AGENCIES (GOVERNMENT REGULATION No. 19/1955)
THE NATIONAL POLICE CHIEF AND
THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE,
Considering:
- a. that only some motorized vehicles originating from the facilities of representatives of foreign countries and international agencies resulting from the inventory made by a team set up on the basis of a joint decree of the national police chief and the director general of customs and ex-cise have had their customs obligations and registration settled;
- b. that there are still motorized vehicles originating from the facilities of the representatives of foreign countries and international agencies which have been transferred arid whose customs obligations and registration have not been settled;
- c. That in the framework of settling this problem and in consideration of the state's financial receipts, it is deemed necessary to give an opportunity to the team to optimize its tasks by introducing an amendment to the said joint decree.
In view of:
etc.
DECIDES :
To stipulate:
THE JOINT DECREE OF THE NATIONAL POLICE CHIEF AND THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE CONCERNING THE SECOND AMENDMENT TO THE JOINT DECREE OF THE NATIONAL POLICE CHIEF AND THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE NUMBER POLICE: SKEP/05/IX/1999 AND NUMBER OF THE DIRECTORATE GENERAL OF CUSTOMS AND EXCISE: 56A./BC/1999 DATED SEPTEMBER 1, 1999 ON A GUIDELINE FOR THE IMPLEMENTATION OF THE SETTLEMENT OF CUSTOMS OBLIGATIONS AND REGISTRATION OF MOTORIZED VEHICLES ORIGINATING FROM THE FACILITIES OF REPRESENTATIVES OF FOREIGN COUNTRIES (GOVERNMENT REGULATION 8/1957) AND INTERNATIONAL AGENCIES (GOVERNMENT REGULATION 19/1955).
Article 1
To amend Article 3 to become:
(1) As for motorized vehicles originating from the facilities of the representatives of foreign countries (Government Regulation 8/1957) and international agencies (Government Regulation 19/1955) for which a decision on payment permit (KDR III) has been issued in the Crash Programme I but has not yet been settled while a Notification f has been issued by the parties concerned by the Technical Director of Customs Affairs about outstanding import duties and taxes in the framework of imports which must be paid but which are yet to be settled, the following acts shall be taken:
- a. A Second Notice shall be issued which shall give a period of thirty days as from the date of the notification with the customs value already stipulated earlier being reviewed;
- b. If within the said period in point a full settlement is yet to be made, an administrative sanction in the form of a fine of 100%, (a hundred percents) of the import duties shall be imposed on the basis of Article 25 sub-article 4 and Article 34 letter b of Law No. 10/1995. A warning shall be issued in favor of the parties concerned and the warning shall contain the amount to be paid in a format conforming to Decree of the Finance Minister No. 234/KMK.05/1996 which has been amended by Decree of the Finance minister No. 22/KMK.01/1999;
- c. Pursuant to Decree of the Finance Minister as meant in point b, the parties concerned shall be allowed an opportunity to make full payment within a period of 21 days as from the date of the said letter of warning;
- d. Claims for debts which are left unpaid at the maturity date shall be subject to the imposition of an interest of 2% (two percents) a month of the claims for outstanding customs and excise, while part of a month shall be rounded off into full month for a maximum period of 24 (twenty four) months;
- e. A distress warrant in the format conforming to the decree of the finance minister referred to in point b shall be issued 7 (seven) days as from the maturity date set in the letter of warning;
- f. The said distress warrant shall instruct the taxpayer to pay the amount of the debts in arrears plus the cost of collection within 2 (two) times twenty-four hours after the collection made by virtue of this distress warrant and if this cannot be fulfilled, a tax bailiff shall be instructed to undertake confiscation.
(2) As for motorized vehicles originating from the representatives of foreign countries (Government Regulation 8/1957) and international agencies (Government Regulation 19/ 1955) for which a decision on payment permit has been issued (KDR III) in the Crash Programme III but whose customs obligations are yet to be settled, the following acts shall be taken:
- a. A Notification shall be issued by the technical director of customs affairs in which an opportunity is allowed within a period of 30 days to pay the outstanding import duties and taxes in the framework of imports;
- b. If within the said period referred to in point a, full payment is yet to be made, an administrative sanction in the form of a fine amounting to 100% (a hundred percent) of the import duties on the basis of article 25 sub-article 4 and Article 34 letter b of Law No. 10/1995. A letter of warning shall be issued to the parties concerned, containing the amount of the claims in a format suiting Decree of the Finance Minister No. 234; KMK.05/1996, which has been amended by Decree of the Finance Minister No. 22/KMK.01/1999;
- c. In line with the decree of the finance minister as referred to in point b, the parties concerned shall be allowed an opportunity to make full payment within a Period of 21 days as from the date of the said letter of warning.
- d. Claims for debts which are left unpaid at the time of maturity date shall be subject to the imposition of an interest of 2% (two percent) a month as from the amount of the claims for the customs and excise left outstanding, while part of a month shall be rounded off into a full month for a maximum period of 24 (twenty four) months;
- e. A distress warrant in a format conforming to the decree of the finance minister referred to in point b shall be issued 7 (seven) days after the maturity date set in the letter of warning;
- f. The said distress warrant shall instruct the taxpayer to pay the amounts in arrears plus the collection fees within a period of 2 (two) times twenty-four hours after the collection letter this force, and if not met instructed the bailiff to do the foreclosure;
Article 2
To amend Article 4 to become:
(1) As for motorized vehicles originating in Government Regulation 8/1957 and Government Regulation 19/1955 for which KDR III has been issued but whose customs obligation and registration are yet to be settled in the Crash Programmes I and II, these obligations and registration shall, by way of obligation, be settled as regulated in the provision of Article 1 of this decree on amendment.
(2) As for motorized vehicles originating in Government Regulation 8/1957 and Government Regulation 19/1955 which have been transferred but whose customs obligations and registration are yet to be settled, the procedure of settlement shall refer to this decree, up to December 31, 2000, under the provisions that:
- (a) amendment to the implementation of the settlement of customs obligations and registration of motorized vehicles originating in Government Regulation 8/1957 and Government Regulation 19/1955 referred to in this decree shall be the last.
- (b) As for motorized vehicles originating from Government Regulation 8/1957 and Government Regulation 19/1955 for which KDR III has been issued on the basis of the second amendment, but whose obligations are yet to be settled within a stipulated period of time, efforts of settlements referred to in Article 1 sub-article (2) shall be made.
- (c) As for motorized vehicles originating in Government Regulation No. 8/1957 and Government Regulation No. 19/1955 which have been transferred but whose customs obligations and registration are yet to be/are not settled, the settlement must conform to the prevailing procedure for the transfer of motorized vehicles originating in Government Regulation No. 8/1957 and Government Regulation No. 19/1955.
Stipulated in Jakarta
On August 3, 2000
ON BEHALF OF THE NATIONAL POLICE CHIEF DIRECTOR OF TRAFFIC AFFAIRS,
sgd
DRS. SUPARTO, MSC.
ON BEHALF OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE TECHNICAL DIRECTOR OF CUSTOMS AFFAIRS,
sgd
Drs. JOKO WIYONO, MA.