a. that in an effort to increase the competitive edge of domestic motorized vehicle components production industry, it is necessary to provide fiscal incentives in the form of government borne import duties on the import of goods and materials by motorized vehicle components production industry;
b. that imported of goods and materials to make motorized vehicle components, fulfill criteria and conditions to get government borne import duties as certainty in Article 2 of Regulation of the Minister of Finance No. 07/PMK.011/2010 concerning Government Borne Import Duties on the Import of Goods and Materials for the Manufacture of Goods and/or Services to serve the Public Interest 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 motorized vehicle components production industry, imported of goods and materials by motorized vehicle components production industry shall be granted with a budget ceiling for government borne import duty in budget year 2010 of Rp. 523,930,000,000.00 (five hundred twenty three billion nine hundred and thirty million rupiah);
d. that based on consideration in a, b, and c, and in the framework to implement certainty in Article 3 paragraph (2) Regulation of the Minister of Finance No. 07/PMK.011/2010 concerning Government Borne Import Duties on the Import of Goods and Materials for the Manufacture of Goods and/or Services to serve the Public Interest 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 Import Duty on the Import of Goods and Materials to Make Motorized Vehicle Components 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 Decision No. 84/P/2009;
6. Regulation of The Minister of Finance No. 07/PMK.011/2010 concerning Government Borne Import Duties on the Import of Goods and Materials for the Manufacture of Goods and/or Services to serve the Public Interest and Improve the Competitive Edge of Industries in Certain Sectors for Budget Year 2010;
REGULATION OF THE MINISTER OF FINANCE CONCERNING GOVERNMENT-BORNE IMPORT DUTIES ON THE IMPORT OF GOODS AND MATERIALS TO MAKE MOTORIZED VEHICLE COMPONENTS IN BUDGET YEAR 2010
In this Regulation:
1. "Companies" refers to companies in industry with primary activity to make motorized vehicle components.
2. "Goods and materials to make motorized vehicle components" hereinafter called goods and materials, refers to goods and materials in every kinds and composition include spare parts and components to be processed, manufactured, or installed to make motorized vehicle components 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 import duties.
(2) The government borne import duties as described in paragraph (1) shall be granted with a budget ceiling of Rp 523,930,000,000.00 (five hundred twenty three billion nine hundred and thirty million rupiahs).
(3) The budget allocations for the government borne import 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 import duties as described in Article 2, companies shall file applications to the Director General of Customs and Excise by enclosing a plan for import of goods (RIB) already approved and validated by the Director General of Transportation and Telematics Industry.
(2) Plan for Import of Goods (RIB) 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 import duties on the import of goods and materials to make motorized vehicle components 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 import duties under Decision of The Minister of Finance as described in Article 4 paragraph (2) the Customs and Excise Supervisory and Service Office or Customs and Excise Primary Service Office concerned shall put a stamp "GOVERNMENT BORNE IMPORT DUTIES BASED ON REGULATION OF THE MINISTER OF FINANCE NO. 47/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 import duties and allocated as expenditure of tax subsidy in the same amount.
The reporting and accountability of the government borne import duties as described in Article 2 follow certainty 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 motorized vehicle components 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 on 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