REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE
No. P-48/BC/2010

CONCERNING
TECHNICAL DIRECTIVES FOR THE IMPORT OF GOODS FROM NORTHERN TERRITORY AUSTRALIA TO INDONESIAN CUSTOMS AREAS OTHER THAN JAVA AND SUMATERA ISLANDS.

DIRECTOR GENERAL OF CUSTOMS AND EXCISE,

Considering:

a. that to implement provisions in Article 9 of Regulation of the Minister of Finance No. 177/PMK.04/2010 concerning Technical Procedures for the Import of Goods from Northern Territory Australia to Indonesian Customs Areas other than Java and Sumatera islands, it is necessary to regulate technical directives;
b. that based on consideration as intended in a, it is necessary to stipulate a regulation of Director General of Customs and Excise concerning Technical Directives for the Import of Goods from Northern Territory Australia to Indonesian Customs Areas other than Java and Sumatera;

In view of:

1. Law No. 10/1995 concerning Customs (Statute Book of Republic of Indonesia 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. Law No. 11/1995 concerning excise (Statute Book No. 76/1995, Supplement to Statute Book No. 3613) as amended by Law No. 39/2007 (Statute Book No. 105/2007, Supplement to Statute Book No. 4756);
3. Regulation of the Minister of Finance No. 114/PMK.04/2007 concerning Foreign Exchange used for Calculation and Payment of Import Duty;
4. Regulation of the Minister of Finance No. 139/PMK.04/2007 concerning Customs Inspection in Import;
5. Regulation of the Minister of Finance No. 140/PMK.04/200 concerning Temporary Admission;
6. Regulation of the Minister of Finance No. 114PMK.04/2007 concerning Procedure to Release Import Goods to be used;
7. Regulation of the Minister of Finance No. 100/PMK.01/2008 concerning Organization and Working Arrangement of Ministry of Finance as amended several times, the latest by Regulation of the Minister of Finance No. 143.1/PMK.01/2009;
8. Regulation of the Minister of Finance No. 108/PMK.04/2008 concerning Payment of Excise as amended several times, the latest by Regulation of the Minister of Finance No. 159/PMK.04/2009;
9. Regulation of the Minister of Finance No. 177/PMK.04/2010 concerning Importation Procedure of Goods from Northern Territory Australia to Indonesian Customs Area other than Java and Sumatera islands;
10. Regulation of the Director General of Customs and Excise No. P-42/BC/2008 concerning Technical Directive of Release Imported Goods to be used as amended by Regulation of the Director General of Customs and Excise No. P-08/BC/2009;

HAS DECIDED:

To stipulate:

THE REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE CONCERNING TECHNICAL PROCEDURES FOR THE IMPORT OF GOODS FROM NORTHERN TERRITORY AUSTRALIA TO INDONESIAN CUSTOMS AREAS OTHER THAN JAVA AND SUMATERA ISLANDS.

Article 1

In the Regulation of Director General, are referred to as:

1. Pre-inspection is inspection by customs and excise official on importation of goods in Darwin to goods are going to be imported from Northern Territory Australia to Indonesian customs area other than Java and Sumatera islands.
2. Customs Pre-inspection Report is explanation letter issued by customs and excise official in Darwin, which state that goods were pre inspected;
3. Importer is person who does importation activity in Indonesian customs area other than Java and Sumatera islands.

Article 2

On goods imported from Northern Territory Australia which come into Indonesia Customs Area other than Java and Sumatera islands, pre-inspection shall be executed.

Article 3

(1) To obtain the pre-inspection as intended in Article 2, owners of goods or their proxies submit application to customs and excise official in Darwin in accordance with the format stipulated in Attachment I to this Regulation of the Director General.

(2) The application as intended in paragraph 1 shall be submitted in not later than 7 (seven) working days before the date of loading into the transportation means.

(3) The application as intended in paragraph (1) shall be submitted in written on the form and/or electronic data and enclosed with:

a. copy of invoice;
b. copy of packing list; and
c. other supported documents.

(4) The application as intended in paragraph (1) is made in duplicate with the allocation as follow:

a. First sheet as attachment to Customs Pre-inspection Report;
b. Second sheet to file of customs and excise official in Darwin.

(5) In case the application as intended in paragraph (1) being cancelled, the owners of goods or their proxies shall inform customs and excise officials in Darwin.

(6) Procedures for submitting application as intended in paragraph (1) shall be in accordance with Attachment II A of this Regulation of the Director General.

Article 4

(1) Customs and excise officials shall examine the fulfilment of application requirement as intended in Article 2 paragraph 2, provision on the fulfilment in customs sector, and provision on the fulfilment of prohibited and restricted goods.

(2) In case the detail of goods type that is in the invoice and/or packing list as intended in Article 2 paragraph 5 is not clear, the physical inspection of goods shall be executed,

(3) The physical inspection of goods as intended in paragraph 2 shall be executed at the place according with the application of owners of goods or their proxies.

(4) The result of the physical inspection as intended in paragraph 2 is written in a report with the form as intended in enclosure IV to this Regulation of the Director General.

(5) Procedures for Examination and Physical Inspection of Goods according to Attachment III B of this Regulation of the Director General.

Article 5

(1) Based on the result of pre-inspection, customs and excise official shall publish Customs Approval according to the format in Attachment V to this Regulation of the Director General of Customs and Excise.

(2) The Customs Approval as intended in paragraph 1 is made in triplicate, with the allocation as follow:

a. First sheet for the goods owner or proxies as the attachment to Customs Notification in the unloading place;
b. Second sheet as file of goods owners or their proxies; and
c. Third sheet as file of customs and excise officials.

Article 6

(1) For the release of imported goods which come from Northern Territory Australia in Indonesian Customs Area outside Java and Sumatera with the purpose of direct using or temporary import, importers or their proxies shall submit Notification of Imported Goods (PIB) by enclosing the Explanation Letter with complementary customs documents and other required documents.

(2)The release of goods from the customs area as intended in paragraph 1 is executed by the document research.

(3) Excluding from the usage of PIB as intended in paragraph 1 is the destination of imported goods with the purpose to be imported for used of:

a. movement goods;
b. temporary imported goods which is carried by the passenger;
c. import goods through courier service;
d. certain import goods which shall be stipulated by the Director General.

(4) The release of imported goods as intended in paragraph 3 is executed by using Import Declaration of Certain Goods (PIBT).

(5) In case there is sufficient evidence that the import of goods as intended in paragraph 1 does not violate the customs provisions, customs and excise official in the place when the customs obligations are settled shall undertake physical inspection.

(6) The release of temporarily imported goods which come from Northern Territory Australia shall be executed in accordance with the provisions in temporary admission.

(7) Procedures for releasing imported goods which come from Northern Territory Australia shall be in accordance with Attachment III C of this Regulation of Directorate General.

Article 7

The release of imported goods which come from Northern Territory Australia in customs area outside Java and Sumatera islands for the purpose of:

a. Pilling up in Bonded Collection Area;
b. Transportation to Temporary Collection Place in other customs area;
c. Transited;
d. Transhipped;
e. re-export.

shall be executed in accordance with the effective regulations.

Article 8

(1) Provisions in this Regulation of the Director General only effective to goods are loaded in seaport and airport in Darwin that are transported directly to ending direction of Indonesia customs area other than Java and Sumatera islands.

(2) Provisions as intended in this Regulation of the Director General is not valid for goods as intended in Article 4 that is transhipped in outside Indonesian customs area.

Article 9

(1) Customs and Excise Officials in Darwin shall make periodic report on pre-inspection with the format as stipulated in Attachment VII of this Regulation of the Director General.

(2) Head of Customs Office of release goods makes periodically report about PIB documents are get pre-inspection facility by using format as stipulated in Attachment VII of this Regulation of the Director General.

(3) Procedures for periodical reporting as intended in paragraph (1) and paragraph (2) as stipulated in Attachment II D of this Regulation of the Director General.

Article 10

By the time this Regulation of the Director General comes to force, Regulation of the Director General of Customs and Excise No. P-04/BC/2009 concerning Technical Directive of Imported goods from Northern Territor Australia to Indonesia Customs area other than Java and Sumatera, is revoked and declared null and void

Article 11

This regulation shall take effect on the stipulated date,

Stipulated in Jakarta
On December 20, 2010
THE DIRECTOR GENERAL
signed,
THOMAS SUGIJATA
NIP 19510621 197903 1 001

REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE No. P-48/BC/2010

CONCERNING TECHNICAL DIRECTIVES FOR THE IMPORT OF GOODS FROM NORTHERN TERRITORY AUSTRALIA TO INDONESIAN CUSTOMS AREAS OTHER THAN JAVA AND SUMATERA ISLANDS.