REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE
No. P-35/BC/2010

CONCERNING
AMENDMENT TO THE REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE No. P-20/BC/2010 CONCERNING PROCEDURE FOR RELEASING IMPORTED GOODS FROM CUSTOMS ZONE TO BE PILED UP IN BONDED PILING PLACE

DIRECTOR GENERAL OF CUSTOMS AND EXCISE,

Considering:

a. that in the framework of improving service of releasing goods from Customs Zone to Bonded Piling Places, it is necessary to amend on the procedure for releasing imported goods from Customs Zone to be piled up in Bonded Piling Places;

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-20/BC/2010 concerning Procedure for Releasing Imported Goods from Customs Zone to be piled up in Bonded Piling Place;

In view of:

1. Law No. 10 of 1995 concerning Customs (Statute Book No. 75 of 1995, Supplement to Statute Book No. 3612) as amended by Law No. 17 of 2006 (Statute Book No. 93 of 1996, Supplement to Statute Book No. 4661);

2. Law No. 11 of 1995 concerning Excise (Statute Book No. 76 of 1995, Supplement to Statute Book No. 3613) as amended by Law No. 39 of 2007 (Statute Book of the Republic of Indonesia No. 105 of 2007, Supplement to Statute Book No. 4755);

3. Government Regulation No. 32 of 2009 concerning Bonded Piling Places (Statute Book No. 61 of 2009, Supplement to Statute Book No. 4998);

4. Regulation of the Director General of Customs and Excise No. P-20/BC/2010 concerning Procedure for Releasing Imported Goods from Customs Zone to be piled up in Bonded Piling Place;

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 EXCIE No. P-20/BC/2010 CONCERNING PROCEDURE FOR RELEASING IMPORTED GOODS FROM CUSTOMS ZONE TO BE PILED UP IN BONDED PILING PLACE

Article I

Several provisions in Regulation of the Director General of Customs and Excise No. P-20/BC/2010 concerning Procedure for Releasing Imported Goods from Customs Zone to be piled up in Bonded Piling Place, are amended as follows:

1. Provision of Article 2 is amended so reads as follows:

"Article 2

(2) Releasing importing goods from Customs Zone to be pilled at TPB by get postponement of Import Duty and tax in the import should be declared by TPB entrepreneur by using BC 2.3.

(2) In case goods entered to Bonded Zone are imported by Courier Service Company (PJT), Bonded Zone Entrepreneur can delegate submission of BC 2.3 to appointed PJT within 1 (one) month period.

(3) Entrepreneur of TPB and Entrepreneur of PJT as intended in paragraph (2) should fill BC 2.3 completely and has responsibility on the truth of data filled in the BC 2.3."

2. Between Article 2 and Article 3 is inserted 1 (one) Article, that is Article 2A, it reads as follows:

"Article 2A

(1) To submit BC 2.3, PJT as intended in Article 2 paragraph (2) should fulfill following provision:

• a. has stipulated as Customs Service Provider Company (PPJK);
• b. has clear cooperation between PJT and the Entrepreneur of Bonded Zone;
• c. get attorney from the Entrepreneur of Bonded Zone to declare BC 2.3;
• d. has Information Technology system integrated with service computer system with Directorate General of Customs and Excise;
• e. own clear area with clear borders to store goods are notified in BC 2.3 and place to do physical inspection; and
• f. goods weight is not less than 100 kg net for every for every AWB House or B/L House.

(2) PJT Entrepreneur as intended in Article 2 paragraph (2) has responsibility on the import duty and other tax on the import should be paid according to the effective regulations.

(3) PJT Entrepreneur as intended in Article 2 paragraph (2) is not allowed to notified BC 2.3 again within 3 (three) months in case:

• a. notified goods are not entered destination Bonded Zone within 4 (four) days, since date of SPPB-TPB until date of finishing entering at goods entering notes column in SPPB-TPB; and/or
• b. Destination Bonded Zone stated that goods are carried by PJT are not goods are ordered by the said Bonded Zone.

(4) PJT Entrepreneur as intended in Article 2 paragraph (2) notifies to Supervision Office and Loading Office about form of cooperation as intended in paragraph (1) b and letter of attorney as intended in paragraph (1) c."

3. Provision of Article 5 is amended so reads as follows:

"Article 5

(1) BC 2.3 as intended in Article 2 paragraph (1) shall be submitted by TPB Entrepreneurs to the Customs and Excise Official controlling TPBs using electronic data storage media.

(2) In the event TPB under the Control Office uses PDE BC 2.3 system, TPB Entrepreneurs are obligated to submit BC 2.3 to the Control Office by using PDE system.

(3) In case notification of BC 2.3 is delegated to PJT, the relevant PJT Company should submit BC 2.3 to the Official of Customs and Excise who supervises Bonded Zone.

(4) Procedure to release imported goods from customs area to be pilled in bonded pilling yard by using electronic data storage media as intended in Attachment I of Regulation of the Director General of Customs and Excise No. P-20/BC/2008 concerning Procedure of Releasing Imported Goods from Customs Zone to be pilled in Bonded Pilling Place.

(5) Procedure to release imported goods from customs area to be pilled in bonded pilling yard by using electronic data exchange as intended in Attachment II of Regulation of the Director General of Customs and Excise No. P-20/BC/2008 concerning Procedure of Releasing Imported Goods from Customs Zone to be pilled in Bonded Pilling Place.

(6) Procedure to release imported goods form customs zone to be pilled in bonded zone is submitted by PJT Entrepreneur according to provisions as intended in paragraph (4) and paragraph (5) by adjustment as follows:

• a. activities are done by PTB Entrepreneur at BC 2.3 registration and releasing of imported goods from Customs Zone are done by PJT;
• b. activity of entering imported goods to TPB can be done by Bonded Zone Entrepreneur and/or PJT Entrepreneur."

4. Provision of Article 6 is amended so reads as follows:

"Article 6

(1) On the submission of the BC 2.3 as intended in Article 2 paragraph (1), TPB Entrepreneurs are obligated to pay PNBP according to provisions of legislations.

(2) In case BC 2.3 is submitted by PJT entrepreneur, obligation to pay PNBP is responsibility of PJT entrepreneur.

(3) Payment of PNBP as intended in paragraph (1) and paragraph (2) can be in periodically based on approval from Head of Supervisory Office."

5. Article 7 is amended so reads as follows:

"Article 7

(1) On the BC 2.3 as intended in Article 2 paragraph (1) document checks shall be performed covering:

• a. accessories and truth of the filling-in of BC 2.3 data; and
• b. obligated accessories of customs supporting documents.

(2) Customs supporting documents as intended in paragraph (1) letter b are in the form of:

• a. B/L or AWB;
• b. Invoice;
• c. packing list, and
• d. other customs supporting documents and/or the decision letter as intended in Article 4 and permit/recommendation from the agency issued ban and restriction provision.

(3) In the event the submission of BC 2.3 uses electronic data storage media, the checks as intended in paragraph (1) shall be performed by the Customs and Excise Official controlling the TPB.

(4) In the event the submission of BC 2.3 uses PDE system, the checks as intended in paragraph (1) shall be performed by the SKP at the Control Office.

(5) In the event the imported goods is notified by using electronic data storage media, are the goods as intended in Article 4 and/or goods requiring permit from the related agency, the checks shall be performed by the Customs and Excise Official controlling the TPB.

(6) In the event the imported goods is notified by using PDE system are the goods as intended in Article 4 and/or goods requiring permit from the related agency, the checks shall be performed by the Customs and Excise Official at the Control Office."

6. Between Article 7 and Article 8 is inserted 1 (one) Article, that is Article 7A, it reads as follows:

"Article 7A

(1) Entrepreneur of TPB or Entrepreneur of PJT as intended in Article 2 paragraph (2) should fills number, date of BC 1.1 and the post at notified BC 2.3.

(2) Entrepreneur of TPB or Entrepreneur of PJT can notify BC 2.3. without fill number, date and post of BC 1.1 by apply pre-notification of BC 2.3 to the Head of Supervisory Office with copy to the Head of Loading Office for the goods carried by air carrier.

(3) Number and date of BC 1.1 and the post should be filled before submitted to the Loading Office.

(4) Imported goods from Customs Zone is released after BC 1.1 post is closed by Customs and Excise Official who manages Manifest."

7. Provision of Article 9 is amended so reads as follows:

"Article 9

(1) Based on the NPPD as intended in Article 8 paragraph (3), the TPB Entrepreneur will be provided a time to deliver the other required customs supporting documents to the Customs and Excise Official no later than three (3) work days from the issuance of the NPPD.

(2) In case the TPB Entrepreneur did not submit the customs supporting documents as intended in Article 7 paragraph (2) d until the period as intended in paragraph (1) the BC 2.3 shall be returned to the TPB Entrepreneur accompanied with NPP."

8. Provision of Article 15 is amended so reads as follows:

"Article 15

(1) On BC 2.3 receiving Red SPPB-TPB as intended in Article 10 paragraph (2), physical check on the goods shall be performed in the TPB.

(2) On the result of the physical check as intended in paragraph (1), a Document Settlement Approval Letter (SPPD) shall be issued as stipulated in Attachment V.F of Regulation of the Director General of Customs and Excise No. P-20/BC/2008 concerning Procedure for Releasing Imported Goods from Customs Zone to be piled up in Bonded Piling Place.

(3) In case the result of the physical check as intended in paragraph (1) shows a difference of the amount and type of goods, the Customs and Excise Official shall issue a correction note based on recommendation from the controlling unit.

(4) Supervision Office and/or Unloading Office can examine physical examination on the goods that get SPPB-TPB response and/or Red SPPB-TPB selectively based on risk management."

9. Between Article 22 and Article 23 is inserted 1 (one) Article, that is Article 22A, it reads as follows:

"Article 22A

"Provision and arrangement related with TPB entrepreneur as intended in Article 8, Article 9, Article 10, Article 16, Article 17, Article 18 and Article 19 and Attachment of the Regulation of the Director General No. P-20/BC/2008 are provision and arrangement to PJT entrepreneur, as intended in Article 2 paragraph (2) in case declaration of BC 2.3 is declared by PJT entrepreneur."

Article II

(1) Submission of BC 2.3 by PJT as intended in Article 2 paragraph (2) before August 1, 2010, follow provision of Regulation of the Director General of Customs and Excise No. P-05/BC/2006 concerning Implementation Directive on the Import Delivery Goods Through Courier Service Company.

(2) This Regulation of the Director General shall come into force on August 1, 2010.

Stipulated in Jakarta
On June 28, 2010
DIRECTOR GENERAL
signed,
THOMAS SUGIJATA
NIP 19510621 197903 1 001