MINISTRY OF FINANCE OF THE REPUBLIC OF INDONESIA
DIRECTORATE GENERAL OF CUSTOMS AND EXCISE
REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE
No. P-34/BC/2007

CONCERNING
PROCEDURES FOR REGISTRATION OF IMPORTERS

THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE,

Considering:

That in order to implement the provision of Article 13 of Regulation of the Minister of Finance No. 124/PMK.04/2007 concerning Registration of Importers, it is necessary to stipulate regulation of the Director General of Customs and Excise concerning Procedures for Registration of Importers;

In view of:

• 1. Law No. 10/1995 concerning Customs (Statute Book No. 75/1995, Supplement to Statute Book No. 3612) that is amended by Law No. 17/2006 (Statute Book No. 93/2006, Supplement to Statute Book No. 4661);
• 2. Regulation of the Minister of Finance No. 124/PMK.04/2007 concerning Registration of Importers;
• 3. Regulation of the Minister of Finance No. 131/PMK.01/2006 concerning the Organization and Working Arrangement of the Ministry of Finance;
• 4. Decision of the Director General of Customs and Excise No. Kep-14/BC/2001 concerning Blocking of Companies in the Customs Field that is amended the latest by Regulation of the Director General of Customs and Excise No. P-09/BC/2007;

HAS DECIDED:

To stipulate:

REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE CONCERNING PROCEDURES FOR REGISTRATION OF IMPORTERS

Article 1

In this regulation:

• 1. "Registration of Importers" refers to an activity of registration carried out by importers to the Directorate General of Customs and Excise to obtain Customs Identity Number.
• 2. "Importers" refers to individuals or statutory bodies having Importer Identity Number (APl) or Limited Importer Identity Number (API-T) that import goods.
• 3. "Customs Identity Number" hereinafter abbreviated to NIK refers to personal identity number given by the Directorate neral of Customs and Excise to importers already registering to access or connect with customs system using information technology or manually.
• 4. "Directorate General" refers to the Directorate General of Customs and Excise.
• 5. "Director General" refers to the Director General of Customs and Excise.
• 6. "Directorate of Audit" refers to the Directorate of Audit of the Head Office of the Directorate General of Customs and Excise.
• 7. "Regional Offices" refers to regional offices of the Directorate General of Customs and Excise.
• 8. "Primary Service Offices" hereinafter abbreviated to KPU refers to Primary Service Offices of the Directorate General of Customs and Excise.
• 9. "Customs Offices" refers to offices within the Directorate General of Customs and Excise where customs obligations are settled in accordance with the provisions of the customs law.
• 10. "Notification of Registration" hereinafter abbreviated to SPR refers to a letter of notification already fulfilling the requirements for registration of importers, which contains NIK.

Article 2

(1) To enable importers to fulfill customs obligations, the importers shall register to the Directorate General.

(2) The registration of importers as described in paragraph (1) shall be done in the Directorate of Audit.

(3) In executing the task, the Directorate of Audit shall be assisted by Audit Division of Regional Offices or KPU.

(4) The procedures for registration of importers as described in paragraph (1) shall be stipulated in Attachment I to this regulation.

Article 3

(1) In order to realize the registration of importers as described in Article 2 paragraph (1), importers shall submit application to the Director General by filling the completing form as described in Attachment II to this regulation.

(2) The completing form as described in paragraph (1) shall be provided through official website of the Directorate general with the address http://www.beacukai.go.id.

(3) The completing form as described in paragraph (1) shall cover data about:

• a. existence;
• b. identity of management or personnel in responsible;
• c. business line; and
• d. certainty about the implementation of bookkeeping.

Article 4

(1) Customs and Excise Officials shall examine the truth of the data as described in Article 3 paragraph (3).

(2) The examination as described in paragraph (1) shall cover administrative examination and site inspection may be executed.

(3) The program of administrative examination and site inspection as described paragraph (1) shall be stipulated in Attachment III to this regulation.

Article 5

The completing form as described in Article 3 paragraph (1) shall be evaluated in accordance with the evaluation standard as set forth in Attachment IV to this regulation.

Article 6

Registration of importers shall be declared to fulfill the requirements if:

• a. existence is clear and true;
• b. identity of executive and personnel in responsible is clear and true;
• c. business line is clear and true;
• d. bookkeeping can be audited; and
• e. the result of the evaluation as described in Article 5 minimally reaches a score of 40 (forty).

Article 7

(1) Importers already fulfilling the provision as described in Article 6 shall be given NIK, which is conveyed in SPR in accordance with Attachment V to this regulation.

(2) Importers not fulfilling the provision as described in Article 6 shall be given notification, accompanied by clear reason through official website http://www.beacukai.go.id.

(3) The customs identity number as described in paragraph (1) shall apply throughout all the customs offices.

Article 8

The result of importer registration as described in Article 7 paragraph (1) and paragraph (2) shall be notified to importers in not later than 30 (thirty) working days as from the date of receipt of complete and true form.

Article 9

(1) In the case of any change in data related to existence and/or identity of management and personnel in responsible in the completing form as described in Article 3 paragraph (3), importers already securing NIK shall notify the change in writing to the Director General attn. the Director of Audit.

(2) In connection with the change in data related to existence and/or identity of management and personnel in responsible in the completing form as described in Article 3 paragraph (3), importers already securing NIK may notify the change in writing to the Director General attn. the Director of Audit.

(3) Procedures for changing the data as described in paragraphs (1) and (2) shall be stipulated in Attachment VI to this regulation.

Article 10

(1) In case of any change in the data as described in Article 9 paragraphs (1) and (2), customs and excise officials shall undertake examination and re-examination.

(2) In case of result of the examination and re-examination as described in paragraph (1) being already in accordance with the notification as described in Article 9 paragraphs (1) and (2), the Director of Audit shall change the data.

(3) The change of data as described in paragraph (1) which are related to change in name of company, address, taxpayer code number, API/API-T and/or identity of management as well as personnel in responsible shall be notified to importers by using the form as stipulated in Attachment VII to this regulation.

Article 11

In the interest of supervision, customs and excise officials may re-examine data about importers already securing NIK in the completing form as described in Article 3 paragraph (3) at any time.

Article 12

The Customs Identity Number as described in Article 7 paragraph (1) may be blocked if:

• a. in a period of 12 (twelve) months consecutively, importers securing NIP do not undertake importing activity;
• b. result of the re-examination as described in Article 10 paragraph (1) or result of the re-examination as described in Article 11 finds that:
• 1. existence is not in accordance with notification;
• 2. identity of management and personnel in responsible is not in accordance with notification;
• 3. API/API-T expired; and/or
• 4. bookkeeping is not executed.

Article 13

The blocked customs identity number as described in Article 12 can be re-activated if:

• a. importers subject to the blocking. action because of the reason as described in Article 12a:
• 1. can prove that the relevant undertakes importing activity;
• 2. secure recommendation from related technical institution issuing API/API-T; or
• 3. still undertake their business activity on the basis of result of audit executed by the Director General or appointed official.
• b. importers subject to the blocking action because of the reason as described in Article 12 b., have improved data/document.

Article 14

Provision on the blocking and re-activation of the blocked NIK as described in Article 12 and Article 13 shall be implemented by the Directorate of Disciplining and Investigation.

Article 15

(1) The customs identity number as described in Article 7 paragraph (1) may be revoked if:

• a. importers commit violation of penal provision according to customs, excise and/or taxation legislation, already having fixed legality;
• b. in a period of 3 (three) months following the blocking as described in Article 12 b., importers do not improve data/document;
• c. API/API-T is revoked;
• d. Importers are declared bankrupt by the court; and/or
• e. the revocation is requested by the said importers.

(2) The revocation as described in paragraph (1) shall be notified to importers along with clear reason by using the form as stipulated in Attachment VIII to this regulation.

(3) Copy of notification about the revocation as described in paragraph (2) shall be available to the institution issuing API/API-T.

Article 16

Provision on the obligation to register importers as described in Article 2 paragraph (1) shall be in exceptional for importers fulfilling customs obligation related to:

• a. goods belonging to representatives of foreign countries and their officials assigned in Indonesia;
• b. goods for the need of international agencies and their officials assigned in Indonesia;
• c. luggage of passengers, crew members of carriers, cross borderers and delivery goods;
• d. personal effects;
• e. delivered gifts and granted goods for the need of general worship, charity, social, culture or mitigation of natural disasters;
• f. goods for the need of other government/state institutions imported directly the institutions; or
• g. goods securing approval of import without API/API-T from related institution issuing API/API-T.

Article 17

Fulfillment of customs obligations by importers not yet securing NIK may be served for one time import customs declaration after securing approval from heads of customs offices.

Article 18

Notification of importer registration already owned by importers before the enforcement of this regulation shall be applied as NIK following the enforcement of this regulation.

Article 19

The regulation shall come into force as from December 1, 2007

Stipulated in Jakarta
On November 27, 2007
DIRECTOR GENERAL OF CUSTOMS AND EXCISE
signed
ANWAR SUPRIJADI
NIP 120050332