to Indonesian
a. in the framework to support development of power plant industry and ensure availability of electricity for the community, it is necessary to give exemption of import duty on imports of capital goods in the framework of construction and development of electric power plant for public interest;
b. based on Article 26 paragraph (1) b of Law No. 10/1995 concerning Customs, as amended by Law No. 17/2006, the import of machinery in the framework of construction and development of industry, may be given exemption of import duty;
c. based on the considerations as intended in paragraphs a and b as well as in the framework to implement the provisions of Article 26 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 Exemption of Import Duty on Import of Capital Goods in the Framework of Construction and Development and Power Plant Industry for Public Interest;
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. 20/P/2005;
REGULATION OF THE MINISTER OF FINANCE CONCERNING EXEMPTION OF IMPORT DUTY ON IMPORTS OF CAPITAL GOODS IN THE FRAMEWORK OF CONSTRUCTION AND DEVELOPMENT OF ELECTRIC POWER PLANT INDUSTRY FOR PUBLIC INTEREST
In this Regulation of the Minister of Finance:
1. Power plant industry is activities to produce and provide electricity by business entity who hold electricity business permit for public interest has a power purchase agreement with the holder electricity business.
2. Capital goods are machinery, equipment, and plant equipment either attached or detached, not including spare parts used directly in the business activities of supplying electricity by the electricity business entities for public interest.
3. Business entity is every law entity, in the for State Owned Business Entity, Regional Owned Business Entity, Cooperation or private company, established according to the effective regulations, keep on in business and continuously, worked and domiciled in Unitary State of the Republic of Indonesia.
4. Electricity Business License for Public Interest, hereinafter abbreviated as IUKU, is electricity business license that is issued by Ministry of Energy and Mineral Resources.
(1) The import of capital goods is granted exemption of import duty facility.
(2) Exemption of import duty on import of capital goods as intended in paragraph (1) is given to goods which obviously are used for power plant industry with the following conditions:
(3) Imported goods as intended in paragraph (1) in the contract must include the clause does not include import duty.
Exemption from import duty as intended in Article 2, may be given to business entities with the following conditions:
(1) In the framework to get exemption of import duty on imports of capital goods as intended in Article 2, the business entity as intended in Article 3 shall file application to the Director General of Customs and Excise.
(2) The application as intended in paragraph (1) shall be accompanied by:
(3) RIB as intended in paragraph (2) at least contain the following data elements:
(4) Realization of imported goods based on RIB as intended in paragraph (2) c shall within 24 (twenty four) months from the decision to grant exemption of import duty and can be extended for maximum of 12 (twelve) months.
(1) Upon the application as intended in Article 4, the Director General of Customs and Excise gives approval or rejection within a period of 14 (fourteen) days since receipt the complete application.
(2) In case the application as intended in paragraph (1) is approved, the Director General of Customs and Excise on behalf of the Minister of Finance issues a decree on exemption of import duty on imports of capital goods in the framework of the construction and development of power plant industry for public interest.
(3) In case the application as intended in paragraph (1) is not approved, the Director General of Customs and Excise on behalf of the Minister of Finance issues a rejection letter stating the reasons for rejection.
The procedure of submission of application, the format of the decision to grant exemption of import duty, and reporting procedures for the realization of the import, shall be further regulated by the Regulation of Director General of Customs and Excise.
Implementation of this regulation shall be evaluated within a period of 2 (two) years since stipulation of this Ministerial Regulation.
With the enactment of this Regulation of the Minister of Finance:
1. The decree of the Minister of Finance that was issued based on Regulation of the Minister of Finance No. 70/PMK.04/2006 concerning Exemption of Import Duty on Import of Capital Goods in the Framework of Power Plant Supply by Private, before 15 November 2007, declared valid.
2. On the import of capital goods that get exempted of import duties based on Decree of the Director General of Customs and Excise on behalf of the Minister of Finance that is carried out under the provisions as intended in paragraph 1, is still valid for a period of 12 (twelve) months from the enactment of this Regulation of the Minister of Finance.
3. Application for exemption of import duty on the import of capital goods in the framework to attempt the electric power supply within the period after November 15, 2007 until enactment of this Regulation of the Minister of Finance, following provisions shall be applied:
At the time this Ministerial Regulation comes into force, Regulation of the Minister of Finance No. 70/PMK.04/2006 concerning Exemption of Import Duty on Import of Capital Goods in the Framework of Power Plant Supply by Private, shall be revoked and declared null and void.
This Regulation of the Minister of Finance shall come into force on the date of stipulation.
For public cognizance, this Regulation of the Minister of Finance shall be published by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on October 23, 2008
MINISTER OF FINANCE,
signed,
SRI MULYANI INDRAWATI