to Indonesian
a. that based on provision Regulation of the Minister of Finance No. 107/PMK.04/2009 concerning the Exemption from Import Duty on the Import of Military and Police Armament, Ammunitions and Appliance, including Spare Parts, as well as Goods and Materials used for Producing of Goods Which are Used for the Need of State Defense and Security, the import of military and police armament, ammunitions and appliance, including spare parts as well as goods and materials used for producing of goods which are used for the need of state defense and security is exempt from import duty;
b. that in the framework giving exemption from import duty on the import of equipment and/or armament to support implementation of task, function and right of National Narcotics Board in the prevention and destroy misuse and illegal distribution of narcotics, psychotropic, and precursor of narcotics and other addictive substance except addictive substance for tobacco and alcohol, it is necessary to amended provision as intended in paragraph a;
c. that based on consideration as intended in paragraphs a and b, and in the framework of executing the provision in Article 25 paragraph (3) of Law No. 10/1995 concerning Customs as amended by Law No. 17/2006, it is necessary to stipulate Regulation of the Minister of Finance concerning Amendment to the Regulation of the Minister of Finance No. 107/PMK.04/2009 concerning the Exemption from Import Duty on the Import of Military and Police Armament, Ammunitions and Appliance, including spare parts as well as goods and materials used for producing of goods which are used for the need of state defense and security;
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. Presidential Decree No. 56/P/2010;
3. Regulation of the Minister of Finance No. 107/PMK.04/2009 concerning the Exemption from Import Duty on the Import of Military and Police Armament, Ammunitions and Appliance, including Spare Parts, as well as Goods and Materials used for Producing of Goods Which are Used for the Need of State Defense and Security;
REGULATION OF THE MINISTER OF FINANCE CONCERNING AMENDMENT TO THE REGULATION OF THE MINISTER OF FINANCE No. 107/PMK.04/2009 CONCERNING THE EXEMPTION FROM IMPORT DUTY ON THE IMPORT OF MILITARY AND POLICE ARMAMENT, AMMUNITIONS AND APPLIANCE, INCLUDING SPARE PARTS, AS WELL AS GOODS AND MATERIALS USED FOR PRODUCING OF GOODS WHICH ARE USED FOR THE NEED OF STATE DEFENSE AND SECURITY
Several provisions in the Regulation of the Minister of Finance No. 107/PMK.04/2009 concerning the Exemption from Import Duty on the Import of Military and Police Armament, Ammunitions and Appliance, including Spare Parts, as well as Goods and Materials used for Producing of Goods Which are Used for the Need of State Defense and Security shall be amended as follows:
1. Provision in Article 3 paragraph (1) shall be amended, so Article 3 paragraph (1), that is read as follows:
"Article 3
(1) Import goods as intended in Article 2 paragraph a are goods used by the presidential institution, Ministry of Defense, Headquarter of the Indonesian Military, Headquarter of the Indonesian Police, State Intelligence Board, State Encryption Institution, or National Narcotics Board."
2. Provision in Article 3 is supplemented 1 (one) paragraph, called paragraph (3), that is read as follows:
"(3) Import goods used by National Narcotics Board as intended in paragraph (1) are goods as stated in Attachment I of this Ministerial Regulation."
3. Provision in Article 5 paragraph (1) and paragraph (2) shall be amended, so Article 5 paragraph (1) and paragraph (2) read as follows:
"Article 5
(1) The goods as intended in Article 1 paragraph a shall be imported following by institutions/boards:
(2) The import of the goods as intended in Article 2 paragraph a can be realized by the third party on the basis of cooperation agreement with the presidential institution, the Ministry of Defense, Headquarter of the Indonesian Military, Headquarter of the Indonesian Police, State Intelligence Board or State Encryption Institution, or National Narcotics Board."
4. Between paragraph (1) and paragraph (2) of Article 6 is inserted 1 (one) paragraph, called paragraph (1a), Article 6 paragraph (2) is amended, and between paragraph (3) and paragraph (4) of Article 6 is inserted 1 (one) paragraph, called paragraph (3a), that is read as follows:
"Article 6
(1) In order to obtain the exemption from import duty on the imported goods as intended in Article 2 paragraph a, National Narcotics Board as intended in Article 5 paragraph (1) and third party as intended in Article 5 paragraph (2) that makes cooperation with National Narcotics Board shall submit application letter to Head of Customs Office overseeing the point of entry of goods in accordance with the formats as set forth in Attachment II of this Ministerial Regulation by enclosing:
(2) The application as intended in paragraph (1) and paragraph (1a) shall be signed by:
(3) The application letter proposed by National Narcotics Board and third party as intended in paragraph (1a) shall mention description of goods and number of list of goods as stipulated in Attachment I of this Ministerial Regulation."
5. The provisions of Article 6 paragraph (4) and paragraph (5) shall be amended so Article 6 paragraph (4) and paragraph (5) are read as follows:
"Article 6
(4) On the application meets the requirements as intended in paragraph (1), paragraph (1a), paragraph (2), paragraph (3), and paragraph (3a), Head of Customs Office on behalf of the Minister gives approval/endorsement on the application letter as intended in paragraph (1) and paragraph (1a).
(5) In the case of imported goods granted exemption of import duty as intended in paragraph (4) also granted tax in import facility in accordance with legislation in the field of taxation, approvals/endorsements made on the application as intended in paragraph (1) and paragraph (1a), while not otherwise regulated based on legislation in the field of taxation."
6. Supplement 2 (two) Attachment became become Attachment XIV and Attachment XV of Regulation of the Minister of Finance No. 107/PMK.04/2009 concerning the Exemption from Import Duty on the Import of Military and Police Armament, Ammunitions and Appliance, including Spare Parts, as well as Goods and Materials used for Producing of Goods Which are Used for the Need of State Defense and Security, as stated in Attachment I and Attachment II of this Ministerial Regulation, that are integral part and this Ministerial Regulation.
This Ministerial Regulation shall come into force on the stipulation date.
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 December 14, 2011
MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA
signed,
AGUS D. W. MARTOWARDOJO