a. that in an effort to increase the competitive edge of domestic industry of ship maker and/or repairing, it is necessary to provide fiscal incentives in the form of government-borne duties on the import of goods and materials by shipping industry to make and/or repair ships;
b. that the import of goods and materials by shipping industry to make and/or repair ships met the criteria and qualifications for government-borne duties pursuant to Article 2 of Regulation of The Minister of Finance No. 07/PMK.011/2010 concerning Government-Borne Duties on the Import of Goods and Materials for the Manufacture of Goods and/or Services to Serve the Public Interests and Improve the Competitive Edge of Industries in Certain Sectors for Budget Year 2010;
c. that based on result of coordination meeting between related units with Ministry of Industry as supervisor of shipping industry to make and/or repair ships, imported of goods and materials by shipping industry to make and/or repair ships shall be granted with a budget ceiling for government borne import duty in budget year 2010 of Rp. 30,410,000,000.00 (thirty billion four hundred ten million rupiah);
d. that based on consideration in a., b. and c., and in an effort to implement provisions in Article 3 paragraph (3) Regulation of The Minister of Finance No. 07/PMK.011/2010 concerning Government Borne Duties on the Import of Goods and Materials for the Manufacture of Goods and/or Services to Serve the Public Interests and Improve the Competitive Edge of Industries in Certain Sectors for Budget Year 2010, it is necessary to stipulate Regulation of The Minister of Finance concerning Government-Borne Duties on the Import of Goods and Materials By Shipping Industry to Make and/or Repair Ships in budget Year 2010;
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. Law No. 17/2003 concerning State Finance (Statute Book No. 47/2003, Supplement to Statute Book No. 4286);
3. Law No. 1/2004 concerning State Treasury (Statute Book No. 5/2004, Supplement to Statute Book No. 4355);
4. Law No. 47/2009 concerning State Budget of Revenue and Expenses of Fiscal Year 2010 (Statute Book No. 156/2009, Supplement to Statute Book No. 5075);
5. Presidential Decree No. 84/P/2009;
6. Regulation of The Minister of Finance No. 07/PMK.011/2010 concerning Government-Borne Duties on the Import of Goods and Materials for the Manufacture of Goods and/or Services to Serve the Public Interests and Improve the Competitive Edge of Industries in Certain Sectors for Budget Year 2010;
REGULATION OF THE MINISTER OF FINANCE CONCERNING GOVERNMENT-BORNE DUTIES ON THE IMPORT OF GOODS AND MATERIALS BY SHIPPING INDUSTRY TO MAKE AND/OR REPAIR SHIPS IN BUDGET YEAR 2010
In this Regulation:
1. "Companies" refers to companies in industry engaged to make and/or repair ships.
2. "Goods and materials to make and/or repair ships" hereinafter called goods and materials, refers to goods and materials in every kinds and composition include spare parts and components are processed, manufactured, or installed to make and/or repair ships by the companies.
(1) The import of goods and materials as lay down in Attachment to this Regulation of The Minister of Finance that is an integral part of this Regulation of the Minister of Finance, shall be granted government-borne duties.
(2) The government-borne duties as described in paragraph (1) shall be granted with a budget ceiling of Rp 30.410,000,000.00 (thirty billion four hundred ten million rupiahs).
(3) The budget allocations for the government-borne duties with the ceiling as described in paragraph (2) for companies shall be set by the Director General of Transportation and Telematics Industry, as the proxy of budget user.
(1) To obtain the government-borne duties as described in Article 2, companies shall file applications to the Director General of Customs and Excise by enclosing a Plan to Import Goods (RIB) already approved and validated by the Director General of Transportation and Telematics Industry.
(2) Plan for import of goods as described in paragraph (1) shall at least contains the following data:
(1) The Director General of Customs and Excise shall approve or reject the applications as described in Article 3 no later than 14 (fourteen) days after the applications have been received in a complete manner.
(2) If the applications as described in paragraph (1) are approved, the Director General of Customs and Excise on behalf of The Minister of Finance shall issue Decision of The Minister of Finance concerning government-borne duties on the import of goods and materials by shipping industry to make and/or repair ships for certain companies.
(3) If the applications as described in paragraph (1) are not approved, the Director General of Customs and Excise on behalf of The Minister of Finance shall issue rejection letter.
(1) In connection with the import of goods and materials granted government-borne duties under Decree of The Minister of Finance as described in Article 4 paragraph (2) the Customs and Excise Supervisory and Service Office or Primary Service Office concerned shall put a stamp "GOVERNMENT-BORNE DUTIES BASED ON REGULATION OF THE MINISTER OF FINANCE NO. 45/PMK.011/2010" on all sheets of import customs notification.
(2) The import customs notification as described in paragraph (1) shall be used as the basis for the recording of receipts from government-borne duties and allocated as expenditure of tax subsidy in the same amount.
The reporting and accountability of the government-borne duties as described in Article 2 follows provisions in Regulation of The Minister of Finance on the accounting and reporting systems of the central government's finance.
(1) The goods and materials imported by the companies as described in Article 4 paragraph (2) shall be used by the relevant companies to make and/or repair ships and shall not be transferred to other party.
(2) The companies abusing provisions in paragraph (1) shall pay actual import duties plus 2% (two percent) interest per month for a maximum of 24 (twenty-four) months since the import as described in Article 5 paragraph (1) is realized.
The Director General of Customs and Excise is instructed to implement this Regulation of The Minister of Finance.
This Regulation of The Minister of Finance shall be subject to evaluation no later than 12 (twelve) months after this Regulation of The Minister of Finance is stipulated.
This Regulation of The Minister of Finance shall come into force as from the date of stipulation and be valid until December 31, 2010.
For public cognizance, this Regulation of The Minister of Finance shall be announced by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on February 24, 2010
MINISTER OF FINANCE
signed,
SRI MULYANI INDRAWATI