REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE
No. P-31/BC/2009

CONCERNING
AMENDMENT TO THE REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE No. P-34/BC/2007 CONCERNING PROCEDURES FOR REGISTRATION OF IMPORTERS

DIRECTOR GENERAL OF CUSTOMS AND EXCISE,

Considering:

a. that in the framework to increase service and to ensuing law in the implementation of importers registration and in the framework to match with change of organization structure and working arrangement of the Ministry of Finance, it is necessary to amend Regulation of the Director General of Customs and Excise No. P-34/BC/2007 concerning Procedures for Registration of Importers;

b. that based on consideration as intended in paragraph a, it is necessary to stipulate Regulation of the Director General of Customs and Excise concerning Amendment to the Regulation of the Director General of Customs and Excise No. P-34/BC/2007 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) as 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 as amended by Regulation of the Minister of Finance No. 220/PMK.04/2008;

3. Regulation of the Minister of Finance No. 100/PMK.01/2008 concerning the Organization and Working Arrangement of the Ministry of Finance as amended by Regulation of the Minister of Finance No. 73/PMK.01/2009;

4. Decree of the Director General of Customs and Excise No. Kep-14/BC/2001 concerning Blocking of Companies in the Customs Field, as amended the latest by Regulation of the Director General of Customs and Excise No. P-09/BC/2007;

5. Regulation of the Director General of Customs and Excise No. P-34/BC/2007 concerning Procedures for Registration of Importers;

HAS DECIDED:

To stipulate:

REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE CONCERNING AMENDMENT TO THE REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE No. P-34/BC/2007 CONCERNING PROCEDURES FOR REGISTRATION OF IMPORTERS

Article I

Several Provisions in Regulation of the Director General of Customs and Excise No. P-34/BC/2007 concerning Procedures for Registration of Importers are amended as follows:

1. Provision of Article 1 paragraph 6 is amended, so Article 1 read as follows:

"Article 1

In this Director General regulation:

1. Registration of Importers is an activity of registration carried out by importers to the Directorate General of Customs and Excise to obtain Customs Identity Number.

2. Importers are 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 is a personal identity number given by the Directorate General of Customs and Excise to importers already registering to access or connect with customs system using information technology or manually.

4. Directorate General is the Directorate General of Customs and Excise.

5. Director General is the Director General of Customs and Excise.

6. Directorate of Information of Customs and Excise is the Directorate of Customs Information of the Head Office of the Directorate General of Customs and Excise.

7. Regional Offices are regional offices of the Directorate General of Customs and Excise.

8. Primary Service Offices hereinafter abbreviated to KPU is Primary Service Offices of the Directorate General of Customs and Excise.

9. Customs Offices are 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 is a letter of notification already fulfilling the requirements for registration of importers, which contains NIK.

11. Intelligence Result Note is product of Intelligence Activity that show indication about crime in customs and/or field."

2. Provisions of Article 2 paragraph (2) and paragraph (3) are amended, so Article 2 read as follows:

"Article 2

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

(2) The registration of importers as intended in paragraph (1) shall be done in the Directorate of Customs and Excise Information.

(3) In executing the registration of importers, the Directorate of Customs and Excise Information shall be assisted by Head of Regional Offices or Head of KPU.

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

3. Between paragraph (2) and paragraph (3) of Article 4 is inserted 2 (two) paragraphs, they are paragraph (2a) and paragraph (2b), so Article 4 read as follows:

"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 intended in paragraph (1) shall cover administrative examination and site inspection may be executed.

(2a) Site inspection as intended in paragraph (2) shall be executed by Audit Division of Regional Office or Audit Division of KPU.

(2b) Head of Regional Office or Head of KPU can delegate official in other division to help implementation of site inspection by Audit Division.

(3) The program of administrative examination and site inspection as intended paragraph (2) shall be stipulated in Attachment III to this regulation."

4. Between Article 4 and Article 5 is inserted 1 (one) Article, it is Article 4A that read as follows:

"Article 4A

(1) Site inspection is not be executed for the registration application of importer:

a. Joint Operation Contract Contractor (KKKS) of BP Migas;

b. Companies are registered in Stock Exchange;

c. Other companies are stipulated by Director General.

(2) In case there is Intelligence Result Note, site inspection shall be done to the importers as intended in paragraph (1)."

5. Provision of Article 9 paragraph (1) and paragraph (2) is amended so Article 9 read as follow:

"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 intended in Article 3 paragraph (3), importers already securing NIK shall notify the change in writing to the Director General attn. the Director of Customs and Excise Information.

(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 intended in Article 3 paragraph (3), importers already securing NIK may notify the change in writing to the Director General attn. the Director of Customs and Excise Information.

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

6. Provision of Article 10 paragraph (2) is amended, so Article 10 read as follows:

"Article 10

(1) In case of any change in the data as intended 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 intended in paragraph (1) being already in accordance with the notification as intended in Article 9 paragraphs (1) and (2), the Director of Customs and Excise Information shall change the data.

(3) The change of data as intended 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."

7. To amend Attachment I, Attachment II, Attachment III, Attachment IV, Attachment V, Attachment VI, Attachment VII, Attachment VIII, Attachment IX, Attachment X, Attachment XI, Attachment XII, Attachment XII, Attachment XIV, Attachment XV, Attachment XVI, Attachment XVII, Attachment XVIII, Attachment XIX, Attachment XX, Attachment XXI, and Attachment XXII of Regulation of the Director General of Customs and Excise No. P-34/BC/2007 concerning Procedures for Registration of Importers. Become a stated in Attachment I, Attachment II, Attachment III, Attachment IV, Attachment V, Attachment VI, Attachment VII, Attachment VIII, Attachment IX, Attachment X, Attachment XI, Attachment XII, Attachment XII, Attachment XIV, Attachment XV, Attachment XVI, Attachment XVII, Attachment XVIII, Attachment XIX, Attachment XX, Attachment XXI, and Attachment XXII that are integral part of this Director General Regulation.

Article II

The Regulation shall come into force as from August 1, 2009.

Stipulated in Jakarta
on December 31, 2009
DIRECTOR GENERAL,
signed,
ANWAR SUPRIJADI
NIP 120050332