REGULATION OF THE MINISTER OF FINANCE
No. 138/PMK.011/2008

CONCERNING
GOVERNMENT BORNE IMPORT DUTY ON THE IMPORT OF GOODS AND MATERIALS FOR REPAIRING AND MAINTENANCE OF THE AIRCRAFT FOR FISCAL YEAR 2008

THE MINISTER OF FINANCE,

Considering:

• a. that in an effort to increase the competitive edge of domestic aircraft repairing and maintenance industry, it is necessary to provide fiscal incentives in the form of government borne import duty on the import of goods and materials to make motorized vehicle components;
• b. that based on certainty in Article 2 of Regulation of The Minister of Finance No. 134/PMK.011/2008 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 2008, import goods and material for aircarft repairing and maintenance can get fiscal incentive of government borne duties;
• c. that based on consideration in a. and b., it is necessary to stipulate Regulation of The Minister of Finance concerning Government Borne Import Duty on the import of Goods and Materials for Repairing and Maintenance of the Aircraft for Fiscal Year 2008;

In view of:

• 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. 45/2007 concerning State Budget of Revenue and Expenses (APBN) of Fiscal Year 2008 (Statute Book No. 133/2007, Supplement to Statute Book No. 4778) that is amended by Law No. 16/2008 (Statute Book No. 63/2008, Supplement to Statute Book No. 4848);
• 5. Presidential Decision No. 20/P/2005;
• 6. Regulation of The Minister of Finance No. 134/PMK.011/2008 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 2008;

HAS DECIDED:

To stipulate:

REGULATION OF THE MINISTER OF FINANCE CONCERNING GOVERNMENT BORNE IMPORT DUTY ON THE IMPORT OF GOODS AND MATERIALS FOR REPAIRING AND MAINTENANCE OF THE AIRCRAFT FOR FISCAL YEAR 2008.

Article 1

In this Regulation:

1. "Companies" refers to companies of repairing and maintenance aircraft, including commercial flight company that repair and maintain aircraft.

2. "Goods and materials to repair and maintain aircraft" 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 repair and/or maintain aircraft.

Article 2

(1) The import of goods and materials as lay down in Attachment to this Regulation of The Minister of Finance which is an integral part of this Regulation of the Minister of Finance, shall be granted government borne import duties.

(2) The government-borne duties as described in paragraph (1) shall be granted with a budget ceiling of Rp 280,000,000,000.00 (two hundred eighty billion 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 Air Transportation, Ministry of Transportation as the proxy of budget user.

Article 3

(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 for import of goods (RIB) already approved and validated by the Director General of Air Transportation, Ministry of Transportation.

(2) Plan for import of goods as described in paragraph (1) shall at least contains the following data:

• a. Number and date of RIB;
• b. Name of company;
• c. Taxpayer code number (NPWP);
• d. Address;
• e. The customs office where goods are entered;
• f. Description, types and technical specifications of goods;
• g. Federal Supply Classification (FSC) Code;
• h. Tariff Post (HS);
• i. The number/units of goods;
• j. Estimate of import price;
• k. Estimate of government-borne duties; and
• l. Chief of company.

Article 4

(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 for repairing and maintenance of the aircraft for certain aircraft industry.

(3) In case 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.

Article 5

(1) In connection with the import of goods and materials granted government borne import duties under Regulation 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 IMPORT DUTIES BASED ON REGULATION OF THE MINISTER OF FINANCE NO. 138/PMK.011/2008" 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.

Article 6

The reporting and accountability of the government-borne duties as described in Article 2 follow Regulation of The Minister of Finance on the accounting and reporting systems of the central government's finance.

Article 7

(1) The goods and materials imported by the companies as described in Article 4 paragraph (2) shall be used by the relevant companies 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.

Article 8

The Director General of Customs and Excise is instructed to implement this Regulation of The Minister of Finance.

Article 9

This Regulation of The Minister of Finance shall be subject to evaluation no later than 3 (three) months after this Regulation of The Minister of Finance is stipulated.

Article 10

This Regulation of The Minister of Finance shall come into force as from the date of stipulation and be valid until December 31, 2008.

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 October 7, 2008
MINISTER OF FINANCE
signed,
SRI MULYANI INDRAWATI