DECISION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE ON EXAMINATION OF GOODS, BUILDINGS OR OTHER PLACES AND LETTERS OR DOCUMENTS RELATED WITH GOODS.
(1) To enter into buildings or other places that are not residential places the implementation of which, by law, are not under supervision of the Directorate General of Customs and Excise for purpose of examining goods and letters or documents that relates goods in the framework of action taking shall be conducted based on Instruction Letter issued by the competent Official of the Customs and Excise.
(2) Instruction Letter as contemplated in paragraph (1) shall be issued based on adequate indications.
(1) The entrance into the buildings or other places and to examine as contemplated in Article 1 paragraph (1) can be conducted by Customs and Excise Officer without Instruction Letter only in urgent situations and based on based on adequate indications that the goods that are hoarded/stored in the buildings or other places have not yet had its customs obligations filled/completed, involved in the violation of Custom Affairs or regulation on prohibition/limitation of import or export or excise.
(2) Customs and Excise Officer who conducts inspection as contemplated in paragraph (1) shall promptly report to the competent Official of the Customs and Excise who issues the Instruction Letter within 1 X 24 hours as from the commencement of examination.
(3) In the event the competent Official of the Customs and Excise as meant in Article 1 paragraph (1) fails to issue the Instruction Letter within 1 X 24 hours as of his receipt of report from the Customs and Excise Officer who examines the buildings or other places, the Customs and Excise Officer as contemplated in paragraph (1) shall immediately discontinue the examination.
(1) The urgent situation as meant in Article 2 paragraph (1) is a situation where a ban must be conducted without delay and otherwise, in the meaning of having to wait for a prior Instruction Letter, the goods and transport facilities would not be able to be banned so that the legal enforcement could not be conducted anymore.
(2) Adequate indication as meant in Article 1 paragraph (2) and Article 2 paragraph (1), is initial evidences plus information and data obtained from, among others:
The competent Official of the Customs and Excise issuing Instruction Letter as meant in Article 1 paragraph (1) is:
Provision on contents, forms and administration of the Instruction Letter as meant in Article 1 is as provided for in Article 5 of the Decision of the Director General Of Customs And Excise No. KEP-08/BC/1997 dated January 30, 1997 on Stoppage, Examination, and Banning of Transporting Facilities and the Goods Onboard and Stoppage of Unloading and Banning of Goods.
(1) Examination as meant in Article 1 paragraph (1) shall be conducted by a Task Force consisting of at least 2 (two) Customs and Excise Officers.
(2) The Task Force as contemplated in paragraph (1) shall be led by a Task Force Head /Patrol Commander of Customs and Excise and can use:
(1) To enter into the buildings or other places as meant in Article 1 paragraph (1), the Customs and Excise Task Force are obliged to:
(2) Before examination, the owner or controller of the buildings or other places is obliged to show all letters and documents related with the goods that are hoarded/stored in it and the map of building or other places to the Customs and Excise Task Force.
(3) In the event the owner or controller of the buildings or other places fails to perform his obligations as contemplated in paragraph (2), the Customs and Excise Task Force is authorized to find all letters and documents and to search any places where the necessary letters or documents may be stored.
(4) As to any action as contemplated in paragraph (3), the Customs and Excise Task Force is obliged to make a report based on Article 22 of this Decision.
(1) For examination purpose, the goods that are hoarded/stored in the buildings or other places, the owner or controller of the buildings or other places is obliged to:
(2) In the event the owner or controller of the buildings or other places fails to perform his obligations as contemplated in paragraph (1), the Customs and Excise Task Force is authorized to conduct examination by position.
(3) On every action of examination by position as contemplated in paragraph (2), the Customs and Excise Task Force is obliged to make Report of Action Taking based on Article 22 of this Decision.
In the event, from the examination results, no violation is found, then the Customs and Excise Officer shall immediately stop the examination.
In the event, from the examination results, a violation is found, then the goods that are hoarded/stored in the buildings or other places:
(1) As to the examination on buildings or other places and goods hoarded in it and letters and documents relating with the goods and banning of goods, the Customs and Excise Task Force is obliged to produce a Letter of Action Taking Evidence by mentioning the reasons of examination/banning or types of violation under Article 23 of this Decision.
(2) As to the results of examination on goods that are hoarded/stored in the buildings or other places as meant in Article 9 and Article 10, the Customs and Excise Officer is obliged to make a Minutes of Examination under Article 24 of this Decision.
The banned goods as contemplated in Article 11 shall be delivered to the Civil Servant Investigator of Customs and Excise and the Minutes of Transfer shall be made under Article 25 of this Decision.
(1) In the event the banned goods as meant in Article 10 letter a are, for reason of security of state’s rights, impossible to be hoarded/stored in the buildings or other places being examined, the Customs and Excise Task Force has the authority to order the owner/controller of the buildings or other places to bring the banned goods to:
(2) In the event the owner or controller of the buildings or other places being examined fails to obey the order as contemplated in paragraph (1), the Customs and Excise Task Force has the authority to make coercion efforts to bring the banned goods.
(3) On every coercion effort as contemplated in paragraph (2), the Customs and Excise Task Force is obliged to make Report of Action Taking based on Article 22 of this Decision.
(1) Examination of goods:
(2) Examination of goods as contemplated in paragraph (1) that is conducted by the Task Force as meant in Article 6 paragraph (2) shall be conducted based on the Instruction Letter issued by the competent Official of the Customs and Excise.
(3) Instruction Letter as contemplated in paragraph (2) shall be based on Article 4 and Article 5 of this Decision.
(1) Before examination, the owner/controller of goods is obliged to show all letters and documents related with the goods that will be or being brought out from the customs zone or the bonded zone to the Customs and Excise Officer.
(2) In the event the owner/controller of goods fails to perform his obligations as contemplated in paragraph (1), the Customs and Excise Task Force shall examine the goods.
(3) As to every action as contemplated in paragraph (2), the Customs and Excise Task Force is obliged to make Report of Action Taking based on Article 22 of this Decision.
(1) For purpose of goods examination as meant in Article 14 paragraph (1), the owner/controller of goods is obliged to:
(2) In the event the owner/controller of goods fails to perform his obligations as contemplated in paragraph (1), the Customs and Excise Official shall have the authority to conduct examination by position.
(3) As to every action of examination by position as contemplated in paragraph (2), Customs and Excise Officer is obliged to make Report of Action Taking based on Article 22 of this Decision.
In the event, from the examination results, no violation is found, then the Customs and Excise Officer shall cease the examination and the goods must not be banned.
(1) In the event, from the examination results, any violation is found, then the goods:
(2) In the event, from the examination results, any violation is found, goods that go out from the bonded zone without fulfilling customs clearance obligations, the owner/controller of goods shall make and deliver clearance documents that are necessary and the relevant goods shall not be banned to the extent not constituting goods that are subjected to regulation on import or export prohibition (3) On the results of examination of goods as contemplated in paragraph (1) and paragraph (2), Customs and Excise Officer is obliged to make Report of Action Taking based on Article 22 of this Decision.
(1) On the examination as meant in Article 18, Customs and Excise Officer is obliged to make a Minutes of Examination under Article 24 of this Decision.
(2) On the examination as meant in Article 17 and banning as meant in Article 18, Customs and Excise Officer is obliged to make Letter of Action Taking Evidence based on Article 23 of this Decision.
(1) In the event the banned goods as meant in Article 18 paragraph (2) is a goods that is subjected to regulation of import or export prohibition, the Customs and Excise Officer has the authority to order the owner/controller of goods to bring the banned goods to:
(2) In the event the owner/controller of goods fails to obey the order as contemplated in paragraph (1), the Customs and Excise Officer has the authority to make coercion efforts to bring the banned goods.
(3) On every coercion effort as contemplated in paragraph (2), the Customs and Excise Officer is obliged to make Report of Action Taking based on provisions in Article 22 of this Decision.
The banned goods as meant in Article 18 paragraphs (1) and (2) shall be delivered to the Civil Servant Investigator of Customs and Excise and the Minutes of Transfer shall be made under Article 25 of this Decision.
Provision on form, contents and administration of Report of Action Taking as meant in Article 7 paragraph (4), Article 8 paragraph (3), Article 13 paragraph (3), Article 15 paragraph (3), Article 16 paragraph (3), and Article 18 paragraph (3) shall be as provided for in Article 24 of the Decision of the Director General Of Customs And Excise No. KEP-08/BC/1997 dated January 30, 1997 on Stoppage, Examination, and Banning of Transporting Facilities and the Goods Onboard and Stoppage of Unloading and Banning of Goods.
Provision on form, contents and administration of Letter of Action Taking Evidence as meant in Article 11 and Article 19 paragraph (2) shall be as provided for in Article 23 of the Decision of the Director General Of Customs And Excise No. KEP-08/BC/1997 dated January 30, 1997 on Stoppage, Examination, and Banning of Transporting Facilities and the Goods Onboard and Stoppage of Unloading and Banning of Goods.
Provision on form, contents and administration of Minutes of Examination as meant in Article 11 paragraph (2), and Article 19 paragraph (1) shall be as provided for in Article 25 of the Decision of the Director General Of Customs And Excise No. KEP-08/BC/1997 dated January 30, 1997 on Stoppage, Examination, and Banning of Transporting Facilities and the Goods Onboard and Stoppage of Unloading and Banning of Goods.
Provision on form, contents and administration of the Minutes of Transfer shall be made as meant in Article 12, and Article 21 shall be as provided for in Article 26 of the Decision of the Director General Of Customs And Excise No. KEP-08/BC/1997 dated January 30, 1997 on Stoppage, Examination, and Banning of Transporting Facilities and the Goods Onboard and Stoppage of Unloading and Banning of Goods.
As to the banning of goods, the Head of Customs Office shall submit report to :
Customs and Excise in charge of Banning and Investigation, by furnishing:
Against the goods banned by the Customs and Excise Officer as meant in Article 10 and Article 18 paragraph (1), the owner or his/her proxy may file objection in writing to the Director General or the appointed Official on provisions as provided for in Articles 28 up to 32 of the Decision of the Director General Of Customs And Excise No. KEP-08/BC/1997 dated January 30, 1997 on Stoppage, Examination, and Banning of Transporting Facilities and the Goods Onboard and Stoppage of Unloading and Banning of Goods.
The banned goods shall be sealed off based on provisions as provided for in Article 33 of the Decision of the Director General of Customs and Excise No. KEP-08/BC/1997 dated January 30, 1997 on Stoppage, Examination, and Banning of Transporting Facilities and the Goods Onboard and Stoppage of Unloading and Banning of Goods.
(1) In the event any violation is found, all risks and costs incurred from the examination, banning, and sealing-off shall be liability and responsibility of the transporter and/or owner of goods or his/her proxy.
(2) In the event no violation is found, all risks and costs incurred from the examination, banning, and sealing-off shall be liability and responsibility of the Directorate General of Customs and Excise.
(3) In the event no violation is found but the owner of goods or his/her proxy does not fulfill request of the Customs and Excise Officer/his/her obligations as meant in Article 7 paragraph (2), Article 8 paragraph (1), Article 11 paragraph (1), Article 13 paragraph (1), Article 14 paragraph (1), and Article 17 paragraph (1), all risks and costs incurred from the examination, banning, and sealing-off shall be liability and responsibility of the owner of goods or his/her proxy.
The banned goods that are, in its nature, flimsy, damaged, dangerous, or costly to manage, shall be auctioned by the office that bans it based on the prevailing law provisions, to the extent not constituting goods whose import or export is prohibited.
This Decision shall comes into force as from the date of stipulation.
Stipulated in Jakarta
On April 08, 1997
DIRECTOR GENERAL
sgd
SOEHARDJO