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REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE
No. PER-22/BC/2011

CONCERNING
TECHNICAL DIRECTIVE TO IMPLEMENT CUSTOMS REGISTRATION IN THE FREE TRADE ZONE AND FREE PORT.

DIRECTOR GENERAL OF CUSTOMS AND EXCISE,

Attachment

Considering:

that in the framework to implement Article 21 of Regulation of the Minister of Finance No. 63/PMK.04/2011 concerning Customs Registration, it is necessary to stipulate Regulation of the Director General of Customs and Excise concerning Technical Directives to Implement Customs Registration; in the Free Trade Zone and Free Port;

In view of:

1. Law No. 10/1995 concerning Customs (Statute Book of the Republic of Indonesia No. 75/1995, Supplement to Statute Book of the Republic of Indonesia No. 3612) as amended by Law No. 17/2006 (Statute Book of the Republic of Indonesia No. 93/2006, Supplement to Statute Book of the Republic of Indonesia No. 4661);

2. Government Regulation No. 2/2009 concerning Treatment on Customs, Taxation, and Excise, as well as Control on the Entry and Removal of Goods into and from as well as in Zones Designated as Free Trade Zones and Free Ports (Statute Book of the Republic of Indonesia No. 15/2009, Supplement to Statute Book of the Republic of Indonesia No. 4970);

3. Regulation of the Minister of Finance No. 47/PMK.04/2009 concerning Procedures to Enter and Release Goods to and fro Zones are Designated as Free Trade Zone and Free Port (KPBPB) as amended the latest by Regulation of the Minister of Finance No. 242/PMK.04/2009;

4. Regulation of the Minister of Finance No. 184/PMK.01/2010 concerning the Organization and Working Procedure of the Ministry of Finance;

5. Regulation of the Minister of Finance No. 63/PMK.04/2011 concerning Customs Registration;

DECIDED:

To stipulate:

REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE CONCERNING TECHNICAL DIRECTIVE TO IMPLEMENT CUSTOMS REGISTRATION IN THE FREE TRADE ZONE AND FREE PORT.

CHAPTER I
GENERAL PROVISIONS

Article 1

In this Regulation of Director General:

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

2. Free Trade Zone and Free Port, hereinafter called Free Zone, is a zone located in the jurisdiction of the Republic of Indonesia and separate from customs areas that are free from the imposition of import duties, Value Added Tax, Sales Tax on Luxury Goods, and Excise.

3. Customs registration is registration activities carried out by the Service Users that perform activities in the Free Zone to Local Customs Office to obtain the identity number in the framework to access customs.

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

5. Receipt of Customs Registration Application hereinafter called as TTP-RK is a receipt given to the service user stating that the documents and/or data supporting the registration has been received by the Director General in the complete and clear manner.

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

7. Head of Office is the Head of Office at the Main Service Office and Control and Service Office of Customs and Excise where Free Zone is in its working area.

8. 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.

9. Control Unit is a unit within the Directorate General of Customs and Excise who conduct controlling activities both physically and administratively.

10. Local Customs Offices is Main Service Office of Customs and Excise or Control and Service Office of Customs and Excise where Free Zone is in its working area.

CHAPTER II
APPLICATION FOR REGISTRATION

Article 2

(1) To be able to fulfill customs obligations in the Free Zone, service users are required to perform Customs Registration.

(2) Customs Registration as intended in paragraph (1) is conducted in:

Article 3

(1) The service users in the Free Zone that shall conduct registration to the Head Office of Directorate General of Customs and Excise as intended in Article 2 paragraph (2) a are:

(2) The carriers as intended in paragraph (1) b shall be excluded from registration obligations to the Head Office of Directorate General of Customs and Excise, in case of carriers have only a special means of to transport passengers, has a fixed and scheduled route.

(3) Customs Registration to Head Office of Directorate General of Customs and Excise as intended in paragraph (1) shall be governed in separate Regulation of the Director General.

(4) The service user in the Free Zone that has INK issued by the Director General is not required to register to Local Customs Office.

Article 4

(1) Application for registration to the Local Customs Office as intended in Article 2 paragraph (2) b can be made by entrepreneurs who conduct the following activities:

(2) Application for registration to the Local Customs Office shall also apply to carriers who:

(3) Activities to enter goods and/or release goods:

Article 5

(1) Customs Registration at the Local Customs Office as intended in Article 2 paragraph (2) b shall be done by submitting an application electronically through the Directorate General of Customs and Excise Website at http://www.beacukai.go.id.

(2) In case the entrepreneur that release goods from Free Zone to Outside of Customs Area can not apply through electronic media, entrepreneur can apply Customs Registration manually to Local Customs Office.

Article 6

(1) Application for Customs Registration as intended in Article 5 paragraph (1) is done by filling the form for Customs Registration according to business activities conducted and submits form to the Local Customs Office through the Customs Registration Application System.

(2) Customs service user just submit one (1) Customs Registration application for more than 1 (one) type of customs activity.

(3) Customs Registration Form as intended in paragraph (1) is stated in Attachment I that is an integral part of this Regulation of the Director General.

Article 7

(1) Before completing the form for Customs Registration, service users must register User to obtain User ID and Password.

(2) User ID and Password as intended in paragraph (1) will be submitted to the Service User by electronic mail (e-mail) that is filled at the time of User ID registration.

(3) User ID and Password as intended in paragraph (1) is used to enter (log in) to the Customs Registration Application System.

Article 8

(1) Customs service user who filled and submit the form for Customs Registration as intended in Article 6 paragraph (1) will receive proof of delivery of the Customs Registration entry through Customs Registration Application System.

(2) Proof of delivery of Customs Register entry as intended in paragraph (1) is stated in Attachment II that is an integral part of this Regulation of the Director General.

Article 9

(1) In case the application of Customs Registration as intended in Article 5 paragraph (1) carried out by entrepreneurs who:

(2) In case of business license provisions as intended in paragraph (1) has not been applied, the application for Customs Registration as intended in paragraphs (1) b and c, must be accompanied by delivery copies of documents:

(3) In case the application of Customs Registration as intended in Article 5 paragraph (1) performed by the Carrier as intended in Article 4 paragraph (2), the application for registration must be accompanied by delivery copies of documents:

Article 10

(1) The documents as intended in Article 9, must be received by Customs and Excise Official no later than 5 (five) working days since date of proof delivery of Customs Registration from as intended in Article 8 paragraph (1).

(2) Submission of copy documents as intended in Article 9, can be delivered by direct delivery or through electronic mail (e-mail) or facsimile.

Article 11

(1) For application for registration as intended in Article 5 paragraph (1), the Head of Local Customs Office issues TTP-RK in case of the documents as intended in Article 9 has been received completely and clearly within the period specified in Article 10 paragraph (1).

(2) In case of documents as intended in Article 9 has received a completely and clearly before delivery of the form for Customs Registration, the Director issues TTP-RK after receiving the Customs Registration form.

(3) TTP-RK as intended in paragraph (1) submitted to the service user through the Customs Registration Application System.

(4) TTP-RK as intended in paragraph (1) is stated in Attachment III that is an integral part of this Regulation of the Director General.

Article 12

(1) If within the period as intended in Article 10 paragraph (1), the documents as intended in Article 9 are not received completely and clearly, the application for Customs Registration can not be processed and service user will receive return of Customs Registration through Customs Registration Applications System.

(2) Return of Customs Registration as intended in paragraph (1) is stated in Attachment IV that is an integral part of this Regulation of the Director General.

Article 13

Register to request that Customs can not be processed as intended in Article 12 paragraph (1), service users can reapply by submitting the form for Customs Registration as intended in Article 6 paragraph (1).

CHAPTER III
MANUAL CUSTOMS REGISTRATION

Article 14

(1) Application for manual registration as intended in Article 5 paragraph (2), carried out by fills out and submits Customs Registration form and documents as intended in Article 9 paragraph (2) to the Local Customs Office.

(2) Head of the Local Customs Office or appointed Customs and Excise Official receives application for Customs Registration as intended in paragraph (1) and issue a receipt of Customs Registration file.

(3) Head Local Customs Office or appointed Customs and Excise Official issues TTP-RK as intended in Article 11, no later than 3 (three) working days from the date of receipt of Customs Registration file.

(4) Head of Customs Office submit print out of TTP-RK from Customs Registration Application System to service user who applies for manual registration.

(5) Customs Registration file Receipt as intended in paragraph (2) stated in Attachment V that is an integral part of this Regulation of the Director General.

(6) Administration of manual Customs Registration stated in Attachment VI that is an integral part of this Regulation of the Director General.

CHAPTER IV
ADMINISTRATION CHECKING AND REGISTRATION DATA ASSESSMENT

Article 15

(1) Customs and Excise Official do administration checking of Customs Registration application that is applied by service user.

(2) Administration checking as intended in paragraph (1) conducted to examine the matching data relating to:

(3) On the Customs Registration that is applied by carrier, in addition to administration checking as intended in paragraph (2), also be checked on the specific carrier data are notified.

Article 16

Administration Checking as intended in Article 15 carried out by analyzing and comparing data of the Customs Registration form with:

Article 17

(1) For the need of administration checking as intended in Article 15, Customs and Excise Official may request additional documents to the Services User.

(2) Request of additional documents by ask additional Customs Registration data that is sent to the Service User through Customs Registration Application System.

(3) Additional documents must be received by the Local Customs Office no later than 5 (five) working days from the request date of Customs Registration additional data.

(4) In case of documents as intended in paragraph (3) is not received within 5 (five) working days, the Head Local Customs Office or appointed Customs Officers decide the Customs Registration application based on existing data.

(5) Request additional data as intended in paragraph (2) by using the format as stated in Attachment VII that is an integral part of this Regulation of the Director General.

Article 18

(1) The Registration form for Customs as intended in Article 6 paragraph (1), given the assessment in accordance with the standards assessment that is stated in Attachment VIII that is an integral part of this Regulation of the Director General.

(2) The results of the assessment as intended in paragraph (1) is used as the basis for the preparation of service users profile.

Article 19

Procedures of Customs Registration in the network (online) are stated in Attachment IX that is an integral part of this Regulation of the Director General.

CHAPTER V
REGISTRATION RESULT

Article 20

Head of Local Customs Office on behalf of the Director General accept or reject the Customs Registration application that is filed by service users within a period of 10 (ten) working days from the date of the TTP-RK as intended in Article 11 paragraph (1) and Article 14 paragraph (3).

Article 21

(1) In case Customs Registration application that is filed by service user is accepted, Head of Local Customs Office or appointed Customs Officials on behalf of the Director General shall issue NIK.

(2) NIK is submitted to the Service User through Customs Registration Application System and/or postal mail.

(3) In case that service users applied registration for more than one kind of customs activity, the Head Local Customs Office or appointed Customs Official issues one NIK for approved customs activities.

(4) In case that service user has NIK issued by the Head Office of the Directorate General of Customs and Excise, NIK that is issued by Head of Local Customs Office for other type of customs activities still prevail.

(5) NIK that is issued by the Head of Local Customs Office as intended in paragraph (1) also applies in the Customs Office that control other Free Zone.

(6) The form and format of NIK are stated in Attachment X that is an integral part of this Regulation of the Director General.

Article 22

(1) In case application of Registration Customs that is applied by service user is rejected, the Head of Local Customs Office or appointed Customs Officials notifies the rejection with the reasons of rejection through Customs Registration Application System.

(2) On the rejected Customs Registration as intended in paragraph (1), services user can reapply by fills and submits the form for Customs Registration as intended in Article 6 paragraph (1).

Article 23

(1) In case Customs Registration that is filed by entrepreneurs manually as intended in Article 5 paragraph (2) is rejected, the Head of Local Customs Office or appointed Customs Officials submit that rejection by rejection letter accompanied with the reason for rejection.

(2) Rejection letter as intended in paragraph (1) delivered through the postal mail or delivered directly to entrepreneurs.

(3) On the rejected Customs Registration as intended in paragraph (1), Exporters can reapply application.

(4) The form and format of rejection letter of Customs Registration is stated in Attachment XI that is an integral part of this Regulation of the Director General.

Article 24

(1) NIK as intended in Article 21 paragraph (1) is used as an identity in order to access customs in the Free Zone.

(2) Misuse of NIK by other parties is the responsibility of service user that has NIK.

CHAPTER VI
CHANGING OF REGISTRATION DATA

Article 25

(1) Any change in the Customs Registration data related to:

(2) In addition to the obligation to notify the change of data as intended in paragraph (1), in case of a change of data concerning the transportation means, the carrier must notify a change of data related to transportation means to the Head of Local Customs Office.

(3) The service user who has got the NIK may notify changes to registration data other than those as intended in paragraph (1) and paragraph (2).

Article 26

(1) Service User must submit data and/or related documents with registration data that are changed according to Customs Registration submission receipt.

(2) The documents and/or data as intended in paragraph (1), must be received by the Head of Local Customs Office or appointed Customs Official no later than 5 (five) working days after notification of data changes.

Article 27

(1) Customs and Excise Official check administration on the data change notification that is applied by services user.

(2) Checking administration as intended in paragraph (1) is done by analyzing and comparing the filling data of Customs Registration form with documents and/or data are submitted by services user.

Article 28

Head of Local Customs Office or appointed Customs and Excise Official on behalf of Director General gives approval or rejection for changing of data are notified within a maximum 10 (ten) working days after receipt the application for data change in completely and clearly manner.

Article 29

(1) In case of data change notification as intended in Article 25 is approved, the Head Local Customs Office or appointed Customs and Excise Officials on behalf of the Director General shall issue:

(2) New NIK as intended in paragraph (1) a or notification of change of data as intended in paragraph (1) b shall be submitted to the Service User through Customs Registration Application System and/or postal mail.

(3) Notification Letter of data changes as intended in paragraph (1) b is stated in Attachment XII that is an integral part of this Regulation of the Director General.

Article 30

(1) In case of data change notification as intended in Article 25 is rejected, the Head Local Customs Office or appointed Customs Official, on behalf of the Director General shall notify the rejection through Customs Registration Application System and/or postal mail.

(2) In case of data change notification as intended in Article 25 paragraph (1), and paragraph (2) is rejected, service user must reapply the data changes at least 30 (thirty) days as from rejection of data change application.

(3) The service user who does not reapply data changes notification as intended in paragraph (2), deemed not notify data changes.

Article 31

(1) Customs and Excise Official may make changes to registration data without application from NIK owner for other data intended in Article 25 paragraph (1) and paragraph (2).

(2) Data change without application from NIK owner as intended in paragraph (1) must be based on the data sourced from internal unit within the Directorate General of Customs and Excise or other related agencies.

(3) Result of Customs Registration data change as intended in paragraph (1) will be notified to the Service User through Customs Registration Application System and postal mail.

Article 32

Procedure of Customs Registration data change is stated in Attachment XIII that is an integral part of this Regulation of the Director General.

Article 33

(1) Any entrepreneur who perform the customs activities to release of goods from Free Zone to Outside of Customs Area and can not notice of change of data electronically may submit a notification of data changes manually.

(2) Notification of changing of Customs Registration data manually according to application procedure of manual Customs Registration as governed in this Regulation of the Director General.

CHAPTER VII
BLOCKING AND REVOCATION NIK

Article 34

NIK is owned by the service users as intended in Article 21 paragraph (1) will be blocked by the Head of Local Customs Office on behalf of the Director General in case:

Article 35

(1) The opening of the blocked NIK as intended in Article 34 carried by the Head of Local Customs Office on behalf of the Director General in terms of:

(2) To open a blocked NIK, service users must apply for opening a blocked NIK to the Head of Local Customs Office.

(3) On the blocked NIK as intended in Article 34 paragraphs b, d, and/or e, opening of blocked NIK as intended in paragraph (2), must be filed within a period of maximum 3 (three) months from the blocked time.

Article 36

(1) Blocking of NIK as intended in Article 34 paragraphs a, b 2, d, and e, for one type of customs activity not to other types of customs activities.

(2) Blocking of NIK as intended in Article 34 paragraphs b 1 and c, applicable to all types of customs activities.

Article 37

(1) NIK owned service users as intended in Article 21 paragraph (1) is revoked in case of:

(2) The revocation of NIK as intended in paragraph (1) notified to the Service Users through NIK Revocation Letter as stated in Attachment XIV that is an integral part of this Regulation of the Director General.

Article 38

(1) Revocation of NIK as intended in Article 37 paragraph (1) b, c, and d, if for one type of customs activity not for other types of customs activities.

(2) Revocation of NIK as intended in Article 37 paragraph (1) a and e, applies to all types of customs activities.

(3) In case of revocation of NIK as intended in paragraph (1), Customs and Excise officials will adjust the numbering of NIK.

CHAPTER VIII
EXEMPTIONS FROM THE OBLIGATION TO REGISTER

Article 39

The provisions concerning the obligation to perform Customs Registration for entrepreneurs that enter goods to Free Zone from Outside of Customs Area or and another Free Zone, as intended in Article 4 paragraph (1) a, are excluded in case that the entrepreneur is doing the fulfillment of customs obligations relating to:

Article 40

Entrepreneur that enters goods into the Free Zone Outside of Customs Area or from another Free Zone that has obtained a business license from Zone Management Board and have no NIK, its customs obligation can be served only for 1 (once) Customs Notification after get approval from Head of Local Customs Office or appointed Customs Official.

Article 41

(1) The provisions concerning the obligation to perform Customs Registration for entrepreneurs that release goods from Free Zone to Outside of Customs Area, excluded in case that entrepreneur is doing customs obligation relating to:

(2) The entrepreneur that will re-release goods from Free Zone to Outside of Customs Area, is not obligated to conduct registration in case of:

Article 42

Service user that:

CHAPTER IX
CHECKING ON SERVICE USERS THAT ALREADY HAVE NIK

Article 43

(1) For the purposes of control, Customs and Excise Officials can conduct checking on Service Users who already have NIK related with their registration data.

(2) For the purposes of checking of registration data as intended in paragraph (1) can be carried out site checking.

Article 46

(1) Site checking as intended in Article 43 paragraph (2) can be done in terms of:

(2) Site checking as intended in Article 43 paragraph (2) conducted by the Head of Local Customs Office.

(3) For the implementation of site checking, the Head of Local Customs Office appoints official/employee of Action and Investigation Division or Action and Investigation Section and can be assisted by official/employee of other divisions or sections.

Article 45

(1) The results of site checking as intended in Article 43 paragraph (2), recorded into the Customs Registration Application System no later than 10 (ten) working days from the date of appointment of employees.

(2) Customs and Excise official in the Local Customs Office conducted an analysis of the results of site checking as intended in paragraph (1).

(3) In case based on the results of the analysis as intended in paragraph (2) there is a data change as intended in Article 25 paragraph (1) and (2), Customs and Excise officials notify the service user to make changes to the data.

(4) The service user that received a notice to apply for Customs Registration data changes as intended in paragraph (3) shall inform the data changes within 30 (thirty) working days from the date of the notification.

(5) The service user who does not notify a change of data in the period as intended in paragraph (4) deemed not make changes to data and can be followed by blocking in accordance with Article 34 b.

(6) In case based on the results of the analysis as intended in paragraph (2) there is change in addition to the data as intended in Article 25 paragraph (1) and (2), Customs and Excise Officers can perform data changes.

Article 46

(1) Notification to apply for Customs Registration data changes as intended in paragraph (3) is stated in Attachment XV that is integral part of this Regulation of the Director General.

(2) Direction to implement checking as intended in Article 45 paragraph (1) is stated in Attachment XVI that is an integral part of this Regulation of the Director General.

CHAPTER X
CLOSING

Article 47

This Regulation of the Director General shall come into force on July 1, 2011.

Stipulated in Jakarta
on June 13, 2011
DIRECTOR GENERAL,
signed,
AGUNG KUSWANDONO
19670329 199103 1001 NIP