to Indonesian
a. that in the framework to support the investment climate and business climate, it is necessary to improve services and supervision in customs to enhance the smooth implementation of the export and import by giving special customs treatment to the Authorized Economic Operators;
b. that based on the World Customs Organization SAFE Framework of Standards to Secure and Facilitate Global Trade, special customs treatment is recommended to be applied to the Authorized Economic Operators in the form of selective form of customs inspection;
c. that based on Article 3 and Article 4 of Law No. 10/1995 concerning Customs, as amended by Law No. 17/2006, the Minister of Finance has authority to regulate the selective customs inspection for import and/or export goods;
d. that based on Presidential Instruction No. 1/2010 concerning Accelerating Implementation of National Development Priorities in 2010, it is necessary to set policy and the development of information technology of customs and excise for Authorized Economic Operators in the framework to improve the smoothness of exports and imports to support the investment climate and business climate;
e. that based on the consideration as intended in paragraphs a, b, c, and d, and in the framework to implement the provisions of Article 3 paragraph (4) and Article 4 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 Customs Treatment on the Authorized Economic Operators;
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;
REGULATION OF THE MINISTER OF FINANCE CONCERNING CUSTOMS TREATMENT ON THE AUTHORIZED ECONOMIC OPERATORS.
In this Regulation of the Minister of Finance:
1. Economic operators are parties involved in the movement of international goods in a variety of global supply chain functions.
2. Framework of Standards to Secure and Facilitate Global Trade, hereinafter called the SAFE FoS is a standard World Customs Organization (WCO) associated with the principle of security and facility in the global supply chain.
3. Authorized Economic Operators, hereinafter abbreviated as AEO is Economic Operators recognized by and on behalf of the national customs administration that they meet the SAFE Fos standard.
4. Minister is the Minister of Finance of the Republic of Indonesia.
5. Director General is the Director General of Customs and Excise.
(1) Economic Operators can be recognized as AEO if they meet the standards as required by the SAFE Fos.
(2) Economic Operators already get recognition as AEO as intended in paragraph (1) can get certain customs treatment.
Economic Operators can be given recognition as AEO as intended in Article 2 paragraph (1) are:
Requirements for recognition as AEO as intended in Article 2 paragraph (1) include:
(1) In the framework to obtain recognition as AEO, Economic Operators shall file application to the Director General.
(2) Based on the application as intended in paragraph (1), the Director General on behalf of the Minister gives approval or rejection to the Economic Operators as AEO.
(3) In case the application is approved, the Director General on behalf of the Minister issues a decision on the recognition of Economic Operators as AEO.
(4) In case the application is rejected, the Director General submit a letter of rejection stating the reason for rejection.
Economic Operators already get recognition as AEO as intended in Article 5 paragraph (3), get certain customs treatment as intended in Article 2 paragraph (2) in the form of:
(1) The application of the requirements for recognition as AEO as intended in Article 4 and the provision of customs treatment to the Economic Operators have gained recognition as AEO as intended in Article 6, by the Mutual Recognition Agreement on the AEO.
(2) Mutual Recognition Agreement as intended in paragraph (1) is made by mutual agreement with another country that regulates the recognition as AEO.
(3) Mutual Recognition Agreement as intended in paragraph (2), among others, include the requirements as AEO, customs treatment to AEO and recognition as AEO to the economic operators of both countries on a reciprocal basis.
Application of the provisions on AEO as set forth in this Regulation of the Minister of Finance shall refer to the principles of the SAFE FoS to do in stages according to the legislation.
Further provisions on procedures for filing an application for recognition of AEO, AEO detail requirements and details of the customs treatment of AEO, AEO determination, and procedures for the preparation of the Mutual Recognition Agreement, are governed by the Regulation of the Director General.
This Ministerial Regulation shall come into force on the date of promulgation.
For public cognizance, this Regulation of the Minister of Finance shall be promulgated in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on December 9, 2010
MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA,
signed,
AGUS D.W. MARTOWARDOJO