a. that in the framework of increasing investments to boost the export of motorized vehicle, it is necessary to provide incentive in the form of the exemption from import duty on the import of goods and materials for manufacturing motorized vehicle whose production will be exported;
b. that pursuant to the provision of Article 26 paragraph (1) k of Law No. 10/1995 concerning Customs as amended by Law No. 17/2006, the import of goods or materials to be processed, assembled or installed at other goods destined to the export can be exempt from import duty;
c. that based on considerations in a and b as well as in the framework of implementing the provision of Article 26 paragraph (3) of Law No. 10/1995 concerning Customs as amended by Law No. 17/2006, it is necessary to stipulate a regulation of the Minister of Finance concerning Amendment to the Regulation of the Minister of Finance No. 16/PMK.011/2008 concerning the Exemption from Import Duty on the Import of Goods and Materials to be Assembled to Become Motorized Vehicle Destined to the Export;
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. Presidential Decree No. 20/P/2005;
3. Regulation of the Minister of Finance No. 16/PMK.011/2008 concerning the Exemption from Import Duty on the Import of Goods and Materials to be Assembled to Become Motorized Vehicle Destined to the Export;
THE REGULATION OF THE MINISTER OF FINANCE CONCERNING AMENDMENT TO THE REGULATION OF THE MINISTER OF FINANCE No. 16/PMK.011/2008 CONCERNING THE EXEMPTION FROM IMPORT DUTY ON THE IMPORT OF GOODS AND MATERIALS TO BE ASSEMBLED TO BECOME MOTORIZED VEHICLE DESTINED TO THE EXPORT
Several provisions in Regulation of the Minister of Finance No. 16/PMK.011/2008 concerning the Exemption from Import Duty on the Import of Goods and Materials to be Assembled to Become Motorized Vehicle Destined to the Export, shall be amended as follows:
1. Provision of Article 2 paragraph (2) shall be amended, so Article 2 read as follows:
"Article 2
(1) The exemption from import duty can be granted to imported goods and materials assembled to become motorized vehicle destined to the export.
(2) The exemption from the import duty as intended in paragraph (1) shall be granted to importers fulfilling the following requirements:
a. having very good reputation reflected from the corporate profile;
b. having clear and specific nature of business;
c. never misusing customs facilities in the last one year;
d. never wrong in declaring the quantity of goods, kinds of goods and/or customs value in the last one year; and
e. already audited by Public Accountant Office certifying that the company does not obtain disclaimer or adverse opinion."
2. Provision of Article 4 paragraph (2) shall be amended, so Article 4 reads as follows:
"Article 4
(1) In order to obtain the exemption from import duty as intended in Article 2, companies shall submit application to the Director General.
(2) The application as intended in paragraph (1) shall be enclosed with:
a. The Import Plan of Goods (RIB) for a period of 12 (twelve) months in the form of the estimated quantity and value of goods and materials needed in the exemption period when the exemption from import duty thereof will be requested;
b. The conversion as intended in Article 3 paragraph (3);
c. The export Plan of Motorized vehicle for a period of 12 (twelve) months, which contains elements of data about the quantity, kinds, brand and technical specifications of motorized vehicle as well as countries becoming the export destination;
d. Contract between company importing goods and materials of motorized vehicle and company manufacturing/assembling motorized vehicle;
e. Data about installed capacity of company manufacturing/assembling motorized vehicle;
f. Written guarantee from company’s top management
g. Customs Identity Number (NIK);
h. Copy of financial statement of the latest year, already audited by Public Accountant Office."
1. Following the enforcement of this regulation, the import of goods and materials to be assembled to become motorized vehicle decidedly destined to the export, which is realized as from August 26 to the date of stipulation of this regulation can be exempt from import duty based on this regulation with the provision as follows:
2. This regulation shall come into force as from the date of stipulation and be retroactive to August 26, 2007.
For public cognizance, the regulation shall be published by placing it in State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on November 10, 2008
THE MINISTER OF FINANCE
signed,
SRI MULYANI INDRAWATI