That to provide adequate guidance in the development of computerized customs and excise service system and give a chance to service users to adjust to the computerized customs and excise service system based on Regulation of the Director General of Customs and Excise No. P-42/BC/2008, it is necessary to stipulate Regulation of the Director General of Customs and Excise concerning Amendment to Regulation of the Director General of Customs and Excise No. P-42/BC/2008 concerning Guidance to Release Imported Goods for Use;
THE REGULATION OF THE DIRECTOR GENERALOF CUSTOMS AND EXCISE CONCERNING AMENDMENT TO REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE NO. P-42/BC/2008 CONCERNING GUIDANCE TO RELEASE IMPORTED GOODS FOR USE.
Several provisions in Regulation of the Director General of Customs and Excise No. P-42/BC/2008 concerning Guidance to Release Imported Goods for Use shall be amended as follows:
1. Article 1 point 28 shall be amended so that the article reads as follows:
"Article 1
In this Regulation of the Director General:
1. "Customs Law" refers to Law No. 10/1995 concerning Customs that is amended by Law No. 17/2006.
2. "Customs area" refers to an area with certain borders at a seaport, airport, or other designated area for the traffic of goods under full surveillance of the Director General of Customs and Excise.
3. "Directorate General" refers to the Directorate General of Customs and Excise.
4. "Director General" refers to the Director General of Customs and Excise.
5. "Customs office" refers to an office of the Directorate General where customs obligations are met according to the Customs Law, namely.
6. "Official" refers to an employee of the Directorate General appointed to a certain post to carry out certain tasks according to the Customs Law.
7. "Supervisory unit" refers to a working unit at the Directorate General conducting intelligence, action and investigation and other activities within the framework of surveillance.
8. "Individual" refers to a person or corporate body.
9. "Import" refers to the act of taking goods into a customs area.
10. "Imported goods" refers to goods taken into a customs area.
11. "Importer" refers to a person or corporate body conducting imports.
12. "Customs service brokering company" hereinafter abbreviated as PPJK, refers to a corporate body taking care of customs obligations for and under the name of importers.
13. "Electronic data" refers to information or a series of information compiled and/or collected for special purposes, received, recorded, sent, stored, processed, retaken or produced electronically using a computer or electronic, optical data processing instrument or other similar method.
14. "Electronic Data Exchange" hereinafter abbreviated as PDE, refers to the flow of electronic business information between the application and organization in an integrated way using the standard agreed jointly.
15. "Complementary customs documents" refers to all documents used as supplement to customs notification, for instance, packing list, bill of lading/airway bill, import requirement document and other required documents.
16. "Import notification" hereinafter abbreviated as PIB, refers to a customs notification to release imported goods for use.
17. "Electronic data storing media" refers to media that can store electronic data such as diskette, compact disc, flash disc, and the like.
18. "Temporary hoarding place" hereinafter abbreviated as TPS, refers to a building and/or field or other similar place in a customs area to store goods pending their loading or release.
19. "Other place treated the same as TPS" refers to a building and/or field or other similar place outside a customs area to store goods pending their loading or release.
20. "Base value for the calculation of import duties" hereinafter abbreviated as NDPBM, refers to an exchange rate used as the basis for the calculation of import duties.
21. "Tariff" refers to the classification of goods and the charging of import duties.
22. "Import tax" hereinafter abbreviated as PDRI, refers to tax collected by the Director General on the import of goods, consisting of value added tax, sales tax on luxury goods and income tax.
23. "Customs, excise and tax payment form" hereinafter abbreviated as SSPCP, refers to a document used to make payments or serve as proof of payment for state receipts in the form of import duty, excise, PDRI, and non-tax state revenue (PNBP);
24. "Registration number" refers to the number given by the customs office to endorse PIB.
25. "Priority MITA" refers to an importer set by the customs technical director on behalf of the Director General to obtain customs facilities.
26. "Non-priority MITA" refers to an importer set by the customs technical director on behalf of the Director General based on proposal from the Head of the Customs Office to obtain customs facilities.
27. "Priority MITA lane" refers to the process of service and supervision given to priority MITA to release imported goods without physical inspection and document verification.
28. "Non priority MITA lane" refers to the process of service and supervision given to non priority MITA to release imported goods without physical inspection and document verification, except if:
29. "Green lane" refers to the process of service and supervision to release imported goods without physical inspection, except document verification after the issuance of approval to release goods (SPPB).
30. "Yellow lane" refers to the process of service and supervision to release imported goods without physical inspection, except document verification after the issuance of SPPB.
31. "Red lane" refers to the process of service and supervision to release imported goods by conducting physical inspection and document verification before the issuance of SPPB.
32. "Note of notification of prohibited/restricted goods" hereinafter abbreviated as NPBL, refers to the note made by the official to the importer to adhere to the import ban and/or restriction.
33. "Note of intelligence results" hereinafter abbreviated as NHI, refers to the product of intelligence activity showing an indication of violation in the customs and/or excise fields.
34. "Container scanner" refers to an instrument used to conduct physical inspection of goods in containers or packs using an X-Ray or Gamma Ray.
35. "Coordinator of service users" hereinafter referred to as client coordinator, is an official appointed to serve as a liaison between the Directorate General and individuals."
2. Article 6 paragraph (1) letter d shall be amended, 1 (one) provision, namely letter e, shall be added after Article 6 paragraph (1) letter d, Article 6 paragraph (2) shall be omitted, and 2 (two) paragraphs, namely paragraph (2a) and paragraph (2b) shall be inserted between paragraph (2) and paragraph (3) so that Article 6 reads as follows:
"Article 6
(1) When PIB is sent through the Customs PDE, the printouts of PIB, complementary customs document, and import duty, excise, PORI, and PNBP payment slips and excise tape order document shall be submitted to the official at the Customs Office where the goods are released not later than:
(2) Omitted.
(2a) When PIB is sent through the INSW portal, the complementary customs document as described in paragraph (1) in the form of permit for the import of prohibited/restricted goods can be submitted in the form of printouts of the INSW portal.
(2b) When PIB is sent using early notification facility, the printouts of PIB as described in paragraph (1) shall bear the number and date of BC 1.1 as well as the heading/subheading of BC 1.1.
(3) If the provisions as described in paragraph (1) are not met, the relevant importer will not be served in submitting the next PIB until the provisions as described in paragraph (1) are met."
3. Article 10 paragraph (1) letter c shall be amended so that the article reads as follows:
"Article 10
(1) To calculate import duty, excise on imported ethyl alcohol, and PDRI, using NDPBM which prevails at the time when:
(2) The exchange rate of the currency used as NDPBM as described in paragraph (1) is set according to decree of the Minister of Finance issued periodically.
(3) If the exchange rate of the currency used as NDPBM is not contained in decree of the Minister of Finance as described in paragraph (2), the exchange rate used as NDPBM is the daily spot exchange rate of the relevant currency in the international market against the United States dollar at the close of trading in the previous working day."
4. Article 15 paragraph (2) letter c shall be amended so that the article reads as follows:
"Article 15
(1) The lanes for the release of imported goods as described in Article 14 shall be as follows:
(2) In case of imported goods constituting:
(3) If the lane for the release of imported goods is yellow lane and a laboratory inspection is needed, the importer shall prepare the goods for sampling.
(4) The yellow lane as described in paragraph (1) letter b may be subject to physical inspection through NHI mechanism based on information from the document verifying official."
5. Article 22 paragraph (3) letter a shall be amended and 1 (one) paragraph, namely paragraph (4) shall be added after Article 22 paragraph (3) so that the article reads as follows:
"Article 22
(1) Any individual can complain a written objection to a decision made by the Official about:
(2) Omitted.
(3) The individual filing the objection as described in paragraph (1) shall hand guarantee as much as the amount of claim to the state, except if:
(4) The procedure of releasing imported goods to be used by the individual filing the objection as described in paragraph (1) shall be set according to provisions in Attachment VI which is an integral part of this Regulation of the Director General."
6. Article 25 paragraph (1) shall be amended and 1 (one) paragraph, namely paragraph (3) shall be added after paragraph (2) so that Article 25 become as follows:
"Article 25
(1) Any importer may submit pre notification by filing PIB before handing an inward manifest, on the stipulation as follows:
(2) The PIB as described in paragraph (1) shall be submitted according to provisions in Article 24 of this Regulation of the Director General.
(3) With regard to pre notification submitted by priority MITA importer as described in paragraph (1) a., the priority MITA importer shall hand a recapitulation of PIB in the form of softcopy no later than the 10th of the ensuing month to the client coordinator, using the format set in Attachment VIII which is an integral part of this Regulation of the Director General."
7. Article 32 shall be amended so that it reads as follows:
"Article 32
The procedure of settling imported goods for use with PIB submitted through the customs PDE system or through electronic data storing media based on:
a. Decision of the Director General of Customs and Excise No. KEP-07/BC/2003 concerning guidance to implement customs procedure in the import sector as has been amended the latest by Regulation of the Director General of Customs and Excise No. P-06/BC/2007; and
b. Regulation of the Director General of Customs and Excise No. P-21/BC/2007 concerning guidance to implement customs procedure in the import sector at the Tanjung Priok Main Customs and Excise Service Office as has been amended by Regulation of the Director General of Customs and Excise No. P-25/BC/2007, shall remain valid until the date set in Attachment VII which is an integral part of this Regulation of the Director General."
8. Attachment I to Regulation of the Director General of Customs and Excise No. P-42/BC/2008 shall be amended so that it becomes as stipulated in Attachment I which is an integral part of this Regulation of the Director General.
9. Attachment II to Regulation of the Director General of Customs and Excise No. P-42/BC/2008 shall be amended so that it becomes as stipulated in Attachment II which is an integral part of this Regulation of the Director General.
10. Attachment III to Regulation of the Director General of Customs and Excise No. P-42/BC/2008 shall be amended so that it becomes as stipulated in Attachment III which is an integral part of this Regulation of the Director General.
11. Attachment V to Regulation of the Director General of Customs and Excise No. P-42/BC/2008 shall be amended so that it becomes as stipulated in Attachment IV which is an integral part of this Regulation of the Director General.
12. Add new attachments, namely Attachment V, Attachment VI and Attachment VII which are an integral part of this Regulation of the Director General of Customs and Excise.
This Regulation of the Director General shall take effect on the date it is stipulated.
Stipulated in Jakarta
on March 30, 2009
DIRECTOR GENERAL,
signed,
ANWAR SUPRIJADI
NIP 120050332