to Indonesian
a. that pursuant to Memorandum of Understanding between the Government of the Republic of Indonesia and the Government of Northern Territory Australia regarding Economic Development Cooperation, the Directorate General of Customs and Excise, Ministry of Finance of the Republic of Indonesia and the Department of the Chief Minister of the Northern Territory Australia, on July 15, 2008 signed Memorandum of Cooperation (MoC) concerning Customs Preliminary Inspection Facility in Darwin, Australia for Imported Goods from Northern Territory Australia to Indonesia's customs areas other than Java and Sumatra island;
b. that purpose and objective of memorandum of understanding as intended in paragraph a, as effort to improve service in Customs to support cooperation in the field of mutually beneficial trade between Northern Territory Australia and the Republic of Indonesia;
c. that based on provision in customs in the framework of smooth goods flow and/or secure state revenue, implementation of customs inspection can be done in outside of customs area by customs and excise official or other party act for and behalf of Directorate General of Customs and Excise.
d. that based on consideration as intended in paragraph a, paragraph b and paragraph c above, it is necessary to stipulate Regulation of the Minister of Finance concerning Procedure for the Import of Goods from Northern Territory Australia to Indonesia Customs Areas other than Java and Sumatera Islands;
1. Law No. 10/1995 concerning Customs (Statute Book 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. President Decree No. 20/P/2005;
REGULATION OF THE MINISTER OF FINANCE CONCERNING PROCEDURES FOR THE IMPORT OF GOODS FROM NORTHERN TERRITORY AUSTRALIA TO INDONESIAN CUSTOMS AREAS OTHER THAN JAVA AND SUMATERA ISLANDS.
In this Ministerial Regulation:
1. Customs Law is Law No. 10/1995 concerning Customs as amended by Law No. 17/2006.
2. Pre-Inspection is inspection by customs and excise official on importation of goods in Darwin to goods will be imported from Northern Territory Australia to Indonesian customs area other than Java and Sumatera islands.
3. Customs Area is area of the Republic of Indonesia covers land, sea, and air above them, and special places in Exclusive Economics Zone and Continents Base which Customs Law is effective.
4. Indonesia’s Customs Area other than Java and Sumatera Island are customs area within the working areas of Regional Office of the Directorate General of Customs and Excise Bali, West Nusa Tenggara, East Nusa Tenggara, Regional Office of Directorate General of Customs and Excise Western Kalimantan, Regional Office of Directorate General of Customs and Excise Eastern Kalimantan, Regional office of Directorate General of Customs and Excise Sulawesi and Regional Office of Directorate General of Customs and Excise Maluku, Papua and West Papua.
5. Darwin is Capital City of Northern Territory Australia.
6. Imporeter is person who does importation activity in Indonesian customs area other than Java and Sumatera islands.
7. Customs and Excise Official is Employee of the Directorate General of Customs and Excise in certain position to do certain duty based on Customs Law.
8. Customs Pre-Inspection Report is explanation letter issued by customs and excise official in Darwin, which state that goods were pre-inspected;
On goods imported from Northern Territory Australia which come into Indonesia Customs Area other than Java and Sumatera, pre-inspection shall be executed.
(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 not later than 7 (seven) working days before the date of loading into the transportation means.
(2) The application as intended in paragraph (1) shall have contents:
(3) The application as intended in paragraph (1) shall enclosed with:
(1) Pre-Inspection as intended in Article 2 is executed by Customs and Excise Official in Darwin by evaluate fulfillment of requirements for the application as intended in Paragraph 3.
(2) Based on evaluation as intended in paragraph (1), Customs and Excise Official in Darwin can do physical inspection.
(3) Physical inspection is done in inspection place location as stated in application as intended in Article 3 paragraph (1).
Based on the result of Pre-Inspection, Customs and Excise Official in Darwin shall publish Customs Pre-Inspection Report.
(1) For the release of imported goods which come from Northern Territory Australia in customs area outside Java and Sumatera with the purpose of direct use or temporary import, importers or their proxies shall submit notification of imported goods by enclosing Customs Pre-Inspection Report with complementary customs documents and other required documents.
(2) On the notification of imported goods submitted by Importers or their proxies as intended in paragraph (1), Customs and Excise Official in the place of fulfillment customs obligation only check documents.
(3) In case there is sufficient direction/indication that imported goods as intended in paragraph (1) has and/or will not violate the customs provisions, Intelligent Result Note (NHI) is issued and than undertake physical inspection.
(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 2 that is transhipped in outside Indonesian customs area.
Customs and Excise Official in Darwin shall make periodic report on the Pre-Inspection activity and give information about customs and excise regulation to the related parties.
Further provisions about procedures of Pre-Inspection, procedures to submit application, format of form and report documents are used, will be regulated by Regulation of the Director General of Customs and Excise.
By the time this Ministerial Regulation comes to force, Regulation of the Minister of Finance No. 24/PMK.01/2007 concerning Procedure for the Import of Goods from Northern Territory Australia to Indonesian Customs Areas other than Java and Sumatera Islands, is revoked and declared null and void.
This Ministerial Regulation shall come into force on the date of stipulation.
For public cognizance, this Ministerial Regulation shall be enacted by placing it in State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on December 11, 2008
MINISTER OF FINANCE
signed,
SRI MULYANI INDRAWATI