REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE ON PROCEDURE OF EXIT AND INTRODUCTION OF CASH MONEY
Hereinafter referred to as :
(1) Every person who carries Rupiah cash money at the amount of Rp. 100,000,000.00 (one hundred million Rupiah) or more, or its equivalent in foreign currency, from Customs Area, must submit a report to the Customs and Excise Officer.
(2) The report, as set forth in paragraph (1) shall be completed and enclosed with:
a. Declaration of Carrying of Cash Money From Customs Area (BC 3.2) if carried by passenger; or
b. Export Declaration (BC 3.0) if exported as cargoes or through Courier Service Company (PIT).
(3) If the money carried is Rupiah cash money, the report, as set forth in paragraph (2), must be enclose with license of Bank Indonesia.
(1) Every person who carries Rupiah cash money at the amount of Rp. 100,000,000.00 (one hundred million Rupiah) or more, or its equivalent in foreign currency, into Customs Area, must submit a report to the Customs and Excise Officer.
(2) The report, as set forth in paragraph (1), shall be completed and enclosed with:
(3) If the money carried is Rupiah cash money, every person, as set forth in paragraph (1), must submit the money to the Customs and Excise Officer for inspection into its originality.
Inspection into the report on carrying of cash money from Customs Area shall be done according to the following procedure :
The procedure of inspection of report on carrying of cash money into Customs Area is as follows :
(1) The inspection, as set forth in Article 5, shall be witnessed by the declaring party.
(2) In case that the inspection of originality of money, as set forth in Article 5 paragraph d, cannot be settled on the same day, the money must be sealed and Minutes of Sealing must be made.
(3) The inspection of originality of money, as set forth in Article 5 paragraph d, must be settled within a period not later than 2 (two) working days from the inspection.
(4) In case that the originality of the money is not doubted after the inspection, as set forth in Article 5 paragraph d, has been performed, the money must soon be returned to the declaring party.
(5) In case that the originality of the money is doubted after the inspection, as set forth in Article 5 paragraph d, has been performed, the declaring party shall be investigated by the Civil Servant Investigator within the Directorate General of Customs and Excise.
(6) In case that there is doubt over the originality of money during the inspection, as set forth in Article 5 paragraph d, the money shall be submitted to Bank Indonesia, which work area is within the Customs and Excise Service Office to be requested for clarification.
(7) In case that result of the clarification by Bank Indonesia, as set forth in paragraph (6), indicates that the money is original, the money must be returned to the declaring party within a period of not later than 2 (two) working days since receipt of the money from Bank Indonesia.
(8) In case that result of the clarification by Bank Indonesia, as set forth in paragraph (6), indicates that the money is false, the money and the declaring party shall be submitted to the Indonesian Police with a Certificate of Delivery and Acceptance.
(1) Every person who carries cash money in Rupiah currency in the amount of Rp. 100,000,000.00 (one hundred million Rupiah) or more from Customs Area without license of Bank Indonesia, will be imposed with administrative sanction in the form of monetary charge of 10% of the amount of the carried money.
(2) Every person who carries cash money in Rupiah currency in the amount of Rp. 100,000,000.00 (one hundred million Rupiah) or more from Customs Area with license of Bank Indonesia, but the amount of money carried is more than the amount written on the license, will be imposed with monetary charge of the balance between the amount of money carried and the amount written on the license of Bank Indonesia.
(3) Every person who carries cash money in Rupiah currency in the amount of Rp. 100,000,000.00 (one hundred million Rupiah) or more into Customs Area and does not submit the money to be inspected its originality to the Customs and Excise Officer, as set forth in Article 3 paragraph (3), will be imposed with administrative sanction in the form of monetary charge of 10% of the amount of money carried.
(4) The limit of the administrative sanction, as set forth in paragraphs (1), (2), and (3), shall be Rp. 300,000,000.00 (three hundred million Rupiah).
(1) The imposition of the administrative sanctions, as set forth in Article 7, shall be done in accordance with Decision of Head of Service Office as shown in Appendix I to this Regulation.
(2) Payment of the administrative sanctions, as set forth in Article 7, shall be set off with the amount of money carried by the declaring party.
(3) As evidence of full payment of the administrative sanctions, as set forth in paragraph (2), the declaring party shall be given evidence of Payment of Duty, Excise, and Taxes In The Framework of Import (BPPCP).
(1) Whoever does not obey the provisions of Article 2 paragraph (1) and Article 3 paragraph (1) is threatened with penalty in accordance with the provisions of Law No. 25/2003.
(2) Customs and Excise Officer shall prevent every cash money in Rupiah in the amount of Rp. 100,000,000.00 (one hundred million Rupiah) or more, or its equivalent in foreign currency, from being introduced into or exited from customs area not in accordance with the provisions of Articles 2 and 3.
(3) Customs and Excise Officer who do the prevention must:
(1) The Customs and Excise Service Office must submit report on information of carrying of cash money in Rupiah in the amount of Rp. 100,000,000.00 (one hundred million Rupiah) or more or its equivalent in foreign currency to Centre for Financial Transaction Reporting and Analysis as the sample in Appendix II to this Decision.
(2) The Customs and Excise Service Office must submit report on violations against Article 2 paragraph (1) and Article 3 paragraph (1) to Centre for Financial Transaction Reporting and Analysis as the sample in Appendix III to this Decision.
(3) The Customs and Excise Service Office shall submit report on imposition of administrative sanction for carrying of cash money in Rupiah, as set forth in Article 7 paragraphs (1), (2), and (3), to Bank Indonesia, which work territory covers the Customs and Excise Service Office as the sample in Appendix IV to this Decision.
(4) The submission of report regarding the carrying of cash money, as set forth in paragraph (1), shall be done within not later than 5 (five) working days.
(5) The submission of the report on violation, as set forth in paragraph (2), shall be done within not later than 5 (five) working days after the occurrence of the violation.
To convert foreign currency to Rupiah, the exchange rate as determined by the Minister of Finance applicable at that time, shall be used.
With the applicability of this Regulation, Decision of the Director General of Customs and Excise No.KEP-70/BC/2001 dated October 17, 2001 on Procedure of Inspection, Prevention, Imposition and Payment of Administrative Sanctions on Exit or Introduction of Money from or into the Territory of the Republic of Indonesia is declared inapplicable.
This Regulation starts to be applicable from the date it is stipulated.
Stipulated in Jakarta
On January 19, 2005
THE DIRECTOR GENERAL,
sgd
EDDY ABDURRACHMAN
Attachment to DECISION OF DIRECTOR GENERAL OF CUSTOMS AND EXCISE
No. 01/BC/2005