to Indonesian

REGULATION OF THE MINISTER OF FINANCE
No. 63/PMK.04/2011

CONCERNING
CUSTOMS REGISTRATION

BY GRACE OF THE ALMIGHTY GOD,
THE MINISTER OF FINANCE,

Considering:

a. that by growing use of information technology in the customs activities, it is necessary to adjust and improve provisions on registration to secure service user identity number in the framework to access customs;

b. that based on consideration as intended in paragraph a and in the framework to implement Article 6A paragraph (3) of Law No. 10 of 1995 concerning Customs as amended by Law No. 17 of 2006, it is necessary to stipulate Regulation of the Minister of Finance concerning Customs Registration;

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 2006, Supplement to Statute Book No. 4661);

2. Presidential Decree No. 56/P of 2010;

HAS DECIDED:

To stipulate:

REGULATION OF THE MINISTER OF FINANCE CONCERNING CUSTOMS REGISTRATION.

CHAPTER I
GENERAL PROVISIONS

Article 1

In this Ministerial Regulation:

1. Customs Law is Law No. 10 of 1995 concerning Customs as amended by Law No. 17 of 2006.

2. Customs Registration is an activity of registration carried out by customs service users at the Directorate General of Customs and Excise to secure Customs Identity Number.

3. Service Users are Importers, Exporters, Customs Settlement Service Providers, Carriers and other customs service users will fulfill customs Obligatory to the Directorate General of Customs and Excise.

4. Importers are individuals or legal entities are entering goods into customs area.

5. Exporters are individuals or legal entities are releasing goods from customs area.

6. Customs Settlement Service Provider hereinafter abbreviated to PPJK is business entity settling the fulfillment of customs obligatory for and on behalf of Importers or Exporters.

7. Carriers are persons or proxies thereof, or parties responsible for the operation of transportation means carrying goods and/or people.

8. Customs Identity Number hereinafter abbreviated to NIK is a personal identity number granted by the Directorate General of Customs and Excise to Service Users already executing Customs Registration to access or connect with customs system using information technology or by manually.

9. Customs Specialist is a person having knowledge and understanding of customs affairs and securing customs specialist certificate issued by the Financial Education and Training Board, Ministry of Finance.

10. Director General is the Director General of Customs and Excise.

11. Customs and Excise Official is an employee of the Directorate General of Customs and Excise appointed in certain position to execute specified tasks based on Customs Law.

12. Customs Office is an office within the Directorate General of Customs and Excise where the customs obligatory are fulfilled in accordance with the Customs Law.

CHAPTER II
APPLICATION FOR THE CUSTOS REGISTRATION

Article 2

Service Users shall be obliged to execute Customs Registration at the Directorate General of Customs and Excise so as to be able to fulfil customs obligatory.

Article 3

(1) The Customs Registration as intended in Article 2 shall be executed by submitting application to the Director General.

(2) The application for the Customs Registration as intended in paragraph (1) shall be submitted through electronic media.

(3) In certain conditions, service users unable to submit application for Customs Registration through the electronic media as intended in paragraph (2), may submit the application for Customs Registration manually through local Customs Office.

Article 4

(1) The submission of the application for Customs Registration as intended in Article 3 shall be done by filling the completing form in accordance with kinds of the submitted Customs Registration.

(2) The submission of the application for Customs Registration as intended in paragraph (1) shall be accompanied by the delivery/conveyance of supporting documents and/or data.

(3) The supporting documents and/or data as intended in paragraph (2) shall be received the Director General or the appointed Customs and Excise Official in no later than 10 (ten) working days as from the date of the application for Customs Registration as intended in paragraph (1).

Article 5

(1) In case of the supporting documents and/or data being already received completely and clearly in the period as intended in Article 4 paragraph (3), the Director General or the appointed Customs and Excise Official shall issue a receipt form of application for Customs Registration electronically.

(2) In case of the supporting documents and/or data being not received completely and clearly in the period as intended in Article 4 paragraph (3), the application for Customs Registration may not be processed.

(3) In relations to the application for Customs Registration which may not be processed as intended in paragraph (2), service users may re-submit application for Customs Registration as intended in Article 3.

CHAPTER III
ADMINISTRATIVE EXAMINATION AND EVALUATION OF CUSTOMS REGISTRATION DATA

Article 6

(1) Customs and Excise Official shall examine administratively every application for the customs registration as intended in Article 3.

(2) The administrative examination as intended in paragraph (1) shall be done to examine the conformance of data related to:

Article 7

(1) The administrative examination as intended in Article 6 shall be done by comparing data in the completing form of customs registration to:

(2) For the need of the administrative examination as intended in Article 6, Customs and Excise Official may seek additional documents and/or data from Service Users.

Article 8

The completing form which is filled in the framework of submitting application for Customs Registration as intended in Article 4 paragraph (1), shall be valuated in accordance with the valuation standard as stipulated by the Director General.

CHAPTER IV
DECISION ON CUSTOMS REGISTRATION

Article 9

(1) The Director General or the appointed Customs Excise Official shall accept or reject the application for Customs Registration in 14 (fourteen) working days as from the date of receipt of the complete and clear supporting documents and/or data as intended in Article 5 paragraph (1).

(2) In case of the application for customs registration being accepted, the Director General or the appointed Customs and Excise Official shall issue NIK to Service User.

(3) In case of the application for Customs Registration being rejected, the Director General or the appointed Customs and Excise Official shall notify the rejection along with reason for the rejection through electronic media.

(4) The rejection of the manually submitted application for customs registration as intended in Article 3 paragraph (3) shall be notified through electronic media, which is addressed to local Customs Office and later passed to Service User submitting the application.

Article 10

NIK issued to the service user as intended in Article 9 paragraph (2) shall be used as identity for customs access and fully become responsibility of the Service User.

CHAPTER V
CHANGE IN CUSTOMS REGISTRATION DATA

Article 11

(1) Any change in the customs registration data related to the existence of Service User as intended in Article 6 paragraph (2) a and/or identity of executive and personnel in charge as intended Article 6 paragraph (2) b, shall be notified to the Director General or the appointed Customs and Excise Official by Service User already securing NIK.

(2) Besides the obligation to notify the change in data as intended in paragraph (1), in case of any change in data about Customs Specialist, Service User acting as PPJK shall notify the change in data about the Customs Specialist to the Director General or the appointed Customs and Excise Official.

(3) Besides the obligation to notify the change in data as intended in paragraph (1), in case of any change in data about transportation means, Service User acting as Carrier shall notify the change in data about the transportation means to the Director General or the appointed Customs and Excise Official.

(4) Service users already securing NIK may submit change in Customs Registration data, besides the change in the data as intended in paragraph (1), paragraph (2), and/or paragraph (3), to the Director General or the appointed Customs and Excise Official.

Article 12

(1) The change in the Customs Registration data as intended in Article 11 shall be submitted through electronic media.

(2) In certain conditions, Service Users unable to submit electronically the application for the change in Customs Registration data as intended in paragraph (1), may submit the application for the change in the Customs Registration data manually through local Customs Office.

Article 13

(1) Responding to notification about the change in the Customs Registration data submitted by Service User as intended in Article 12, the Director General or the appointed Customs and Excise Official shall approve or reject the change in the Customs Registration data in a period of 14 (fourteen) working days as from the date of receipt of the complete and clear notification.

(2) In case of the notification about the change in the Customs Registration data as intended in paragraph (1) being approved, the Director General or the appointed Customs and Excise official shall submit the approved change in the Customs Registration data to Service User.

(3) In case of the notification about the change in the Customs Registration data as intended in paragraph (1) being rejected, the Director General or the appointed Customs and Excise official shall submit the rejection of the change in the Customs Registration data electronically along with reason for the rejection.

(4) The rejection of the manually submitted notification on the change in the Customs Registration data manual as intended in Article 12 paragraph (2), shall be notified through electronic media, which is addressed to local Customs Office and passed onto Service User submitting the notification.

CHAPTER VI
BLOCKING AND REVOCATION OF NIK

Article 14

(1) NIK owned by Service User as intended in Article 9 paragraph (2) shall be blocked by the Director General or the appointed Customs and Excise Official in case of:

(2) Besides the blocking provision as intended in paragraph (1), NIK owned by Service User acting as PPJK shall be blocked in the case of:

Article 15

(1) The opening of the blocked NIK as intended in Article 14 shall be done by the Director General or the appointed Customs and Excise Official in case of:

(2) Besides the provision on the opening of the blocked NIK as intended in paragraph (1), NIK owned by Service Users acting as PPJK may have the blocking opened in the case of:

(3) In order to open the blocked NIK, Service Users shall submit application for the opening of the blocked NIK to the Director General or the appointed Customs and Excise Official.

(4) In case of the blocked NIK as intended in Article 11 in Article 14 paragraph (1) lb and Id, Service Users shall submit application for the opening of the blocked NIK to the Director General or the appointed Customs and Excise Official in no later than 3 (three) months as from the blocking.

Article 16

(1) NIK of service users as intended in Article 9 paragraph (2) shall be revoked in case of:

(2) The revocation of NIK of Service Users as intended in paragraph (1) shall be notified to Service Users.

CHAPTER VII
MISCELLANEOUS

Article 17

(1) The provision on obligation of Service Users acting as importers to conduct Customs Registration as intended in Article 2, shall be excluded in case of the importers already fulfilling customs liabilities related to:

(2) The provision on obligation of service users acting as exporters to conduct customs registration as intended in Article 2, shall be excluded in case of the importers already fulfilling customs liabilities related to:

Article 18

(1) The provisions on the Customs Registration in this Ministerial Regulation shall not apply to service users:

(2) The provisions on Customs Registration in this Ministerial Regulation shall apply to service users Free Trace Area and Free Ports that:

(3) The Service Users as intended in paragraph (1) shall conduct Customs Registration at local Customs Office to secure identity number in the framework of customs access.

Article 19

(1) Service Users acting as importers and not yet securing NIK may be served to fulfill their customs obligatory for only one time of customs declaration of import after securing approval from the Head of Customs Office.

(2) Service Users acting as Exporters and/or Carriers not yet securing NIK may have their customs obligatory served for 14 (fourteen) working days as from the date of the receipt of application for Customs Registration as intended in Article 5.

Article 20

In the interest of supervision, Customs and Excise Officials may audit Service Users already securing NIK.

Article 21

Provisions on procedures for submitting application for Customs Registration, model of completing form, procedures for administrative examination, procedures for changing customs registration data and procedures for customs registration by service users in Free Trade Area and Free Port shall be governed by a regulation of the Director General.

CHAPTER VIII
TRANSITIONAL PROVISION

Article 22

1. By the enforcement of this Ministerial Regulation:

2. With the enforcement of this Ministerial Regulation, importers already securing NIK based on Regulation of the Minister of Finance No. 124/PMK.04/2007 concerning Importer Registration as amended by Regulation of the Minister of Finance No. 220/PMK.04/2008 shall be obliged to submit data change to secure new NIK based on this regulation in no later than 6 (six) months as from the date of enforcement of this Ministerial Regulation.

Article 23

With the enforcement of this Ministerial Regulation, PPJK already having Identity Number of PPJK based on Regulation of the Minister of Finance No. 65/PMK.04/2007 concerning Customs Settlement Service Provider shall be obliged to submit application to secure NIK based on this Ministerial Regulation in no later than 6 (Six) months as from the date of enforcement of this Ministerial Regulation.

CHAPTER IX
CLOSING

Article 24

By the enforcement of this Ministerial Regulation:

1. Regulation of the Minister of Finance No. 124/PMK.04/2007 concerning Importer Registration as amended by Regulation of the Minister of Finance No. 220/PMK.04/2008 shall be revoked and declared null and void.

2. The provisions of Article 5 paragraph (1) and paragraph (2), Article 11, and Article 12 (d) of Regulation of the Minister of Finance No. 65/PMK.04/2007 concerning Customs Settlement Service Provider, shall be declared null and void.

3. The word "register" in Article 4 paragraph (1) and paragraph (2), Article 6 paragraph (1) and paragraph (2), as well as Article 14 paragraph (1) of Regulation of the Minister of Finance No. 65/PMK.04/2007 concerning Customs Settlement Service Provider shall read "registration".

Article 25

This Ministerial Regulation shall come into force after 90 (ninety) days as from the date of promulgation.

For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
on March 30, 2011
MINISTER OF FINANCE,
signed,
AGUS D.W. MARTOWARDOJO