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REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE
NUMBER PER-51/BC/2012

CONCERNING
IMPLEMENTATION DIRECTION OF TEMPORARY IMPORT

THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE,

Attachment

Considering:

that in the framework to implement the provisions in Article 27 of Regulation of the Minister of Finance Number 142/PMK.04/2011 concerning Temporary Import, it is necessary to stipulate Regulation of the Director General of Customs and Excise concerning Implementation Direction of Temporary Import;

In view of:

1. Law Number 10 of 1995 concerning Customs (Statute Book of the Republic of Indonesia Number 75 of 1995, Supplement to Statute Book of the Republic of Indonesia Number 3612) as amended by Law Number 17 of 2006 concerning Amendment to Law Number 10 of 1995 concerning Customs (Statute Book of the Republic of Indonesia Number 93 of 2006, Supplement to Statute Book of the Republic of Indonesia Number 4661);

2. Regulation of the Minister of Finance Number 184/PMK.01/2008 concerning Organization and Work Flow of Ministry of Finance;

3. Regulation of the Minister of Finance Number 74/PMK.01/2009 concerning Organization and Work Flow of Vertical Agencies of Directorate General of Customs and Excise as amended by Regulation of the Minister of Finance Number 131/PMK.01/2011;

4. Regulation of the Minister of Finance Number 142/PMK.04/2011 concerning Temporary Import.

DECIDES:

To stipulate:

REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE CONCERNING IMPLEMENTATION DIRECTION OF TEMPORARY IMPORT

CHAPTER I
GENERAL PROVISIONS

Article 1

In this Regulation of the Director General what is referred as:

1. Temporary import is entering import goods into the customs territory that is really meant to be Re-exported in a maximum period of 3 (three) years.

2. Exemption of Import Duty is the elimination of import duty payment which is required in the framework of Temporary Import.

3. Reduction of Import Duty is reduction a part of import duty payment that is required in the framework of Temporary Import.

4. Temporary Imported Goods are imported goods that entered by using Temporary Import mechanism.

5. Re-exported is releasing Temporary Imported Goods from customs territory in accordance with the customs provisions on export.

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

7. Customs Office is an office within the Directorate General of Customs and Excise where compliance with customs obligations in accordance with the provisions in Law Number 10 of 1995 concerning Customs as amended by Law Number 17 of 2006, which includes:

8. Customs and Excise Official is Employee of the Directorate General of Customs and Excise who is assigned in certain positions to perform certain tasks based of Customs Law.

9. The importer is Person conducting import of goods into the customs territory.

10. Person is individual or legal entity.

11. Monitoring Unit is a working unit in the Directorate General who conducting intelligent, enforcement, and investigation activities.

CHAPTER II
TERMS AND CLASSIFICATION OF TEMPORARY IMPORT

Part One
Terms of Temporary Import

Article 2

(1) Imported goods can be approved to be released as Temporary Imported Goods if at the time of importation meet the following terms:

Part Two
Classification of Temporary Import

Article 3

(1) Temporary Imported Goods can be given Exemption of Import Duty or Reduction of Import Duty.

(2) Temporary Imported Goods given Exemption of Import Duty including:

(3) Temporary Imported Goods other than granted exemption of import duty as intended in paragraph (2), may given the reduction of import duty, including:

(4) Temporary Imported Good in the form of spare parts shall comply with the following provisions:

CHAPTER III
TEMPORARY IMPORT PERMIT

Part One
Application for Temporary Import permit

Article 4

(1) To obtain Temporary Import permit, Importers shall file written application to the Head of Customs Office at the entry place of Temporary Imported Goods as determined in Attachment I that is an integral part of this Regulation of the Director General.

(2) The application for obtaining Temporary Import permit as intended in paragraph (1) may be submitted to the Director General with attention to Director of Customs Technical in case of:

(3) The application to obtain Temporary Import permit as intended in paragraph (1) may be filed to the Director General with attention to Director of Customs Facilitation in case of Temporary Imported Goods used for the oil and mining operations, including Temporary Imported Goods used to support the activities of oil and mining companies.

(4) For Temporary Imported Goods used for the oil and mining operations as intended in paragraph (3), application can also be filled to Head of Customs Office of entry place of Temporary Imported Goods.

Article 5

(1) The application for Temporary Imported Goods as intended in Article 4 paragraphs (1) and (2) at least be accompanied by the following documents:

(2) Application as intended in paragraph (1) shall be signed by the top leader of the agency or the applicant company or its appointed proxy.

Part Two
Checking for Temporary Import permit

Article 6

(1) The Director General or Head of Customs Office of Customs and Excise Official in Customs Office of Temporary Imported Goods entry place shall check application for Temporary Import permit as intended in Article 5 on the fulfillment of all the requirements for obtaining Temporary Import permit.

(2) Head of Customs Office or Customs and Excise Official at the Customs Office of Temporary Imported Goods entry place on behalf of the Minister issued a decree on the Temporary Import permit no longer than 5 (five) working days since received complete documents.

(3) In case of the decree on the Temporary Import permit is issued by the Director General on behalf of the Minister, the period of the issuance of decree on Temporary Import permit is no longer than 14 (fourteen) working days since received complete documents.

(4) In case of the checking result as intended in paragraph (1) indicates that the Temporary Import requirements are not met or agreed, Head of Customs Office or Customs and Excise Official at the Customs Office of Temporary Imported Goods entry place makes a notification on the rejection by stating the reason of rejection no longer then 3 (three) working days from the date of the application was received.

(5) The procedure to issues Temporary Import permit is determined in Attachment II that is an integral part of this Regulation of the Director General.

(6) Format of Temporary Import permit Decree is as determined in Attachment III that is an integral part of this Regulation of the Director General.

Part Three
The Temporary Import permit Period

Article 7

(1) Granting Temporary Import period by considering:

(2) In case of the competent agency has determined applicable date of an agreement or import, the period as intended in paragraph (1) shall conform to the date of agreement.

(3) Giving the period of Temporary Import permit as intended in paragraphs (1) and (2) is determined by giving the shortest period.

Part Four
Correction of Decree of Temporary Import permit

Article 8

(1) In case there is an error on Temporary Import permit has been issued, the importer can apply to make the correction on the Temporary Import permit to Head of Customs Office issuing Temporary Import permit.

(2) The correction as intended in paragraph (1) shall in case of an error or mistake due to human error in Temporary Import permit in the form of a writing error, miscalculation and/or misapplication of the rules that should not have happened, and does not contains disagreements between Customs and Excise Official with the Importer, for example:

(3) Application for correction as intended in paragraph (1) shall be rejected if:

(4) Importer should attach supporting documents as evidence of error as intended in paragraph (2) to the application for correction as intended in paragraph (1).

CHAPTER IV
CUSTOMS OBLIGATIONS

Part One
Fulfilling Customs Obligations

Paragraph 1
Applying Import Customs Notification

Article 9

(1) Notification of Import Goods (PIB) on Temporary Imported Goods is applying to Customs and Excise Official in Customs Office of entry place by enclosing:

(2) In case of the location where the Temporary Imported Goods are not in the control area of the customs office of entry place, Head of Office that issued Temporary Import permit submitting photocopies of Notification of Import Goods (PIB) that has received the registration number to the Head of Office that control location of utilization.

(3) Temporary Imported Goods such as personal goods of passengers, personal goods of transportation means crew, or personal goods of border crossers that are not through the cargo must fill Form of Temporary Imported Goods of Passenger, Transportation Means Crew, and Border Crossers.

(4) Form of Temporary Imported Goods of Passenger, Transportation Means Crew, and Border Crossers as intended in paragraph (3) attached to the Customs Declaration (BC 2.2) and use the format as determined in Attachment IV that is an integral part of this Regulation of the Director General.

(5) Temporary Imported Goods such as personal goods of passengers, personal goods of transportation means crew, or personal goods of border crossers that are through cargo, customs obligations shall be settled by using the Notification of Imported Special Goods (PIBK).

(6) Clearance procedure for Temporary Imported Goods is determined in Attachment V that is an integral part of this Regulation of the Director General.

(7) Clearance procedure for Temporary Imported Goods of personal goods of passengers, personal goods of transportation means crew, or personal goods of border crossers is determined in Attachment VI that is an integral part of this Regulation of the Director General.

Paragraph 2
Delivery of Guarantees For Temporary Imported Goods that get Exemption of Import Duty

Article 10

(1) Importer should deliver guarantee to Customs and Excise Official in Customs Office of entry place for Temporary Imported Goods that get Exemption of Import Duty.

(2) The amount of guarantees as intended in paragraph (1) is as much of:

(3) The personal goods of passengers, personal goods of transportation means crew, or personal goods of border crossers as intended in Article 3 paragraph (2) r can be exempted from the obligation to deliver guarantee based on consideration of Head of Customs Office or appointed Customs and Excise Official in entry place of Temporary Imported Goods.

(4) In case of based on consideration of Head of Customs Office in entry place of Temporary Imported Goods, which requires delivery of guarantee as intended in paragraph (3), following provisions shall be applied:

(5) Procedure to deliver guarantee is carried out according to provisions of regulation on the customs guarantees.

Paragraph 3
Payment of Import Duty and PPN or PPN and PPnBM as well as Delivery of Guarantee for Temporary Import of Goods that get Reduction of Import Duty

Article 11

(1) To the temporary Imported Goods that are granted reduction of import duty as intended in Article 3 paragraph (3), importer must pay:

(2) In addition to the obligation to pay customs duties and Value Added Tax (PPN) or Value Added Tax (PPN) and Sales Tax on Luxury Goods (PPnBM), importers must submit guarantee as much:

(3) Exempt from payment obligations as intended in paragraph (1) b if they had obtained the Free Certificate from the Directorate General of Tax.

(4) For the calculation of customs duty as intended in paragraph (1) a, part of month is calculated one full month.

(5) Settlement of import duty and Value Added Tax (PPN) or Value Added Tax (PPN) and Sales Tax on Luxury Goods (PPnBM) as intended in paragraph (1) be paid prior to delivery of Import Customs Notification.

Part Two
Physical Examination and Approval of Releasing

Article 12

(1) Before releasing from the customs area, the Temporary Imported Goods shall be checked physically except for Temporary Imported Goods from Priority Partners (MITA) Importer.

(2) In case of that the results of the physical examination shows the number and type of goods in accordance with notified in Import Customs Notification, Customs and Excise Official in charge of documents inspection approves releasing of imported goods.

(3) In case of physical examination results indicate the amount and/or type of goods is not in accordance with notified in the Import Customs Notification, Customs and Excise Official in charge of documents inspection submit to Customs and Excise Official who handle customs facilitation to be submitted to control unit to be followed up.

(4) The results of physical examination were found the amount and/or type do not match as intended in paragraph (3), Customs and Excise Official who handle documents inspection will give approval to release Temporary Imported Goods after:

CHAPTER V
RELOCATION OR USE FOR OTHER PURPOSES

Part One
Relocation

Paragraph 1
Submission of Application

Article 13

(1) Importers who intend to relocate Temporary Imported goods shall apply in writing to the Director General or Head of Customs Office issuing Temporary Import permit by using the application letter in writing as determined in Attachment VII that is an integral part of this Regulation of the Director General.

(2) Application letter as intended in paragraph (1), at least be accompanied with:

a. working contract / lease agreement or such similar documents that described the changes or additions to the location of the Temporary Imported goods;

b. photocopy of Decree of Temporary Import permit with its amendment;

c. photocopy of Notification of Import Goods (PIB) at the time of importation, and

d. other supporting documents become the basis for the purposes of relocations.

(3) Photocopy of application letter as intended in paragraph (1) is submitted to the Head of Customs Office which control location where the utilization of Temporary Imported Goods.

(4) In case of the utilization location of Temporary Imported Goods is in other Customs Office, a photocopy of application letter as intended in paragraph (1) is also submitted to the Head of Customs Office that control location of utilization of Temporary Imported Goods and Head of Customs Office that control destination location of utilization of Temporary Imported Goods.

(5) Application for relocation may be filed together with the application for other utilization and/or extension of Temporary Import permit.

Paragraph 2
Granting Relocation Permit

Article 14

(1) Based on the application of importer as intended in Article 13 paragraph (1), Head of Customs Office issuing Temporary Import permit conducting checking on the:

(2) In case of the results of the checking as intended in paragraph (1) shows that the requirements for relocation:

(3) Amendments to the Decree of the Minister of Finance on the granting of Temporary Import permit as intended in paragraph (2) forwarded to Head of Customs Office that control the utilization location of Temporary Imported Goods locations for supervision.

(4) In case of Temporary Imported Goods are relocated, Import Customs Notification and guarantee are applied or submitted when apply Temporary Imported Goods still used.

(5) Imported can relocate Temporary Imported Goods to destination location after obtain Amendment to Decree of the Minister of Finance on the granting of Temporary Import permit as intended in paragraph (2).

(6) Format of amendment to the Decree of the Minister of Finance on the granting of Temporary Import permit as intended in paragraph (2) is made in accordance with the format that is determined in Attachment VIII that is an integral part of this Regulation of the Director General.

(7) Relocation procedure is as determined in Attachment IX that is an integral part of this Regulation of the Director General.

Part Two
Use for Other Purposes

Paragraph 1
Submission of Application

Article 15

(1) During the validity period of Temporary Import permit, Temporary Imported Goods may be used for other purposes by apply in writing application letter as determined in Attachment X that is an integral part of this Regulation of the Director General to Head of Customs Office issuing Temporary Import permit.

(2) Application letter as intended in paragraph (1) shall at least contain reasons for the use for any other purpose and signed over the seal by the company.

(3) Application letter as intended in paragraph (1), at least shall be accompanied by:

Paragraph 2
Granting Permit for Other Utilization

Article 16

(1) Based on the application letter of importer as intended in Article 15 paragraph (1), Head of Customs Office issuing Temporary Import permit conducting checking by considering:

(2) Temporarily Imported Goods may be used for other utilization during the validity of Temporary Import permit while the facilities of exemption import duty that is given does not turn become reduction of import duty, visa versa.

(3) In case of that the results of the checking as intended in paragraph (1) indicates that the requirement of use for other utilization:

(4) Director General or Head of Customs Office or Customs and Excise Official issues decree of approval or rejection for importer application as intended in paragraph (1) within a period of 3 (three) working days since received a complete application.

(5) Procedure for the use for other utilization is in accordance with Attachment XII that is an integral part of this Regulation of the Director General.

CHAPTER VI
EXTENSION OF PERIOD

Part One
Application

Article 17

(1) To obtain extension for Temporary Import permit period, importers submit a written application as determined in Attachment XIII that is an integral part of this Regulation of the Director General to the Director General or Head of Customs Office issuing Temporary Import permits by stating the reasons.

(2) The application for extension of Temporary Import permit as intended in paragraph (1) at least accompanied by the following documents:

(3) Application letter as intended in paragraph (1) and supporting documents as intended in paragraph (2) must be received completely no later than ending date of Temporary Import permit period.

(4) Submission of application as intended in paragraph (1) may be filed together with the application for relocation.

Article 18

(1) In case of application for extension of Temporary Import permit as intended in Article 17 paragraph (2) already complete, Customs and Excise Officials at the Customs Office issuing Temporary Import permit checks documents.

(2) Checking document as intended in paragraph (1) at least includes checking on:

(3) In case of application for extension of Temporary Import permit as intended in Article 17 paragraph (2) is not complete, Customs and Excise Official in charge of receiving the documents at the Customs Office issuing Temporary Import permit returns the application to the importer to be completed.

(4) In case of the results of the checking as intended in paragraph (2) is not appropriate, Head of Customs Office or Customs and Excise Official at the Customs Office issuing Temporary Import permit makes the notification on the rejection of the application by stating the reasons for the refusal.

Article 19

(1) Any extension period to re-export of Temporary Imported Goods conducted physical examination except for Temporary Imported Goods from Priority Partner (MITA) importers.

(2) In case of Temporary Imported Goods are in the location outside of the working area of the customs office of Temporary Imported Goods entry place, Head of Customs Office of entry place of Temporary Imported Goods ask assistance for physical examination to Head of Customs Office that control the utilization location.

(3) In case of Head of Customs Office that control utilization location receiving requests for assistance to make physical examination as intended in paragraph (2), after conducts physical examinations Head of Customs Office who control utilization location of the Temporary Imported goods submit Inspection Result Report (LHP) to Head of Customs Office issuing Temporary Import permit within the period of 3 (three) working days after physical examination.

(4) Inspection Result Report (LHP) as intended in paragraph (3) shall at least contain:

(5) In case of that the results of a physical examination in Inspection Result Report (LHP) as intended in paragraph (3) found:

(6) Head of Customs Office or Customs and Excise Official issuing Temporary Import permit shall issue approval or rejection of extension of Temporary Import permit as intended Import Temporary in paragraph (5) within a period of 3 (three) working days after the physical examination or receives Inspection Result Report (LHP) from Head of Customs Office who control utilization location of Temporary Imported goods.

(7) In case of approval for extension of Temporary Import permit as intended in paragraph (5) issued exceeded Temporary Import permit validity period, extension of temporary Import permit period is started from ending of previous Temporary Import permit if Temporary Import permit was applied before ending period of Temporary Import permit and issuance of extension of Temporary Import permit is not exceeding 30 (thirty) days from the expiry of Temporary Import permit.

(8) Format of Temporary Import permit Extension Decree is as determined in Attachment XIV that is an integral part of this Regulation of the Director General.

(9) Format of Temporary Import Permit Extension Decree that is applied together with relocation permit as intended in Article 17 paragraph (4) is determined in Attachment XV that is an integral part of this Regulation of the Director General.

(10) The procedure for filing an application for extension of Temporary Import permit is in accordance with Attachment XVI that is an integral part of this Regulation of the Director General.

Part Two
Extension of Guarantee Period

Article 20

(1) For the extension of Temporary Import permit period that get exemption of import duty, Importers shall extend the guarantee period.

(2) The extension of Temporary Import permit that obtain reduction of import duty, importers shall re-pay import duty as much as 2% multiplied by the number of months of Temporary Import permit extension period multiplied with Import duty should be paid, as well as adjusting the amount of guarantee.

CHAPTER VII
STATE OF FORCE MAJEURE

Part One
Criteria

Article 21

(1) What is meant by force majeure is a condition that occurs beyond human power or ability or due to a condition or a natural event that can not be predicted in advance, such as:

(2) The force majeure as intended in paragraph (1) is supported by a written statement from the competent authority, namely:

(3) Written statement from the competent authority as intended in paragraph (2) signed by the authorized Customs and Excise Official.

(4) In case of Temporary Imported Goods severely damaged or destroyed due to force majeure as intended in paragraph (1) based on the approval of the Director General or Head of Customs Office issuing Temporary Import permit, importers may be exempted from the obligation to:

(5) Temporary Imported Goods as intended in paragraph (4) that got reduction of import duty, the import duty and tax in the framework of import which has been paid shall not be refunded.

(6) Excluded in what is meant by force majeure as intended in paragraph (1) are:

Part Two
Application

Article 22

To obtain approval as intended in Article 21 paragraph (4), importer shall apply in writing to the Director General or Head of Customs Office issuing Temporary Import permit by enclosing at least:

Part Three
Checking

Article 23

(1) On the application as intended in article 22, the General Director or Head of Customs Office of Customs and Excise Official issuing Temporary Import permit can do:

(2) In case of force majeure the in outside the supervision of the customs office issuing Temporary Import permit, Head of Customs Office issuing Temporary Import permit may ask for help to perform activities as intended in paragraph (1).

(3) Based on the activities as intended in paragraphs (1) and (2), Head of Customs Office that the force majeure was happened reports on the event and submits to the Director General or Head of Customs Office issuing Temporary Import permit.

(4) The results of a checking of application as intended in Article 22 that meets the requirements of the issuing decrees of Temporary Imported permit that happened the force majeure with the provisions:

(5) The result of checking for application as intended in Article 22 does not meet the requirements will issues rejection letter.

(6) Head of Customs Office or Customs and Excise Official issuing Temporary Import permit submit approval or rejection on the application for force majeure as intended in paragraphs (5) and (6) within a period of 30 (thirty) days since the activities as intended in paragraph (1 ).

(7) The format of the Decree as intended in paragraph (5) is in accordance with Attachment XVII that is an integral part of this Regulation of the Director General.

CHAPTER VIII
REALIZATION OF EXPORT

Part One
Fulfillment Re-export Obligations

Article 24

(1) The imported goods that have been used within period of Temporary Import permit or its extension period shall be Re-exported.

(2) For the settlement of re-exports, importers must submit:

(3) For the personal goods of passengers, personal goods of transportation means crews, and personal goods of border crossers as intended in Article 3 paragraph (2) r, settlement of Re-export is done by filing Form of Temporary Imported Goods of Personal Goods of Passengers, Transportation Crews, and Border Crossers as intended in article 9, paragraph (3).

(4) In case of passengers, transportation means crews, and border crossers have left the Customs Territory before settle customs obligation to re-export, Temporary Imported Goods of Personal Goods of Passengers, Transportation Crews, and Border Crossers as intended in article 9, paragraph (3) can be made by Sponsor while can be proved that the passengers, transportation means crews, and border crossers have clearly left the Customs Territory.

(5) On the Temporary Imported Goods will be Re-exported conducted physical examination ensure conformity of amount and type of goods to be re-exported to the data of entry of Temporary Imported goods unless the Temporary Imported Goods from Main Partner Importers.

(6) The Temporary Imported Goods can be re-exported to the other country other than the country of origin of Temporary Imported Goods.

(7) Re-exported as intended in paragraph (1) is evidenced by Outward Manifest received and obtain a registration number at the customs office where the re-export realization of Temporary Imported Goods.

(8) The procedure for settlement of export obligation is in accordance with Attachment XVIII that is an integral part of this Regulation of the Director General.

Paragraph 1
Re-Export from Outside of Customs Office Issuing Temporary Import Permit

Article 25

(1) re-export can be done through the customs office other than the customs office issuing Temporary Import permit preceded by written notification from the importer to the Head of Customs Office issuing Temporary Import permit and copies to Head of Customs Office at the Customs Office of re-export before the expiration of Temporary Import permit.

(2) On the written notification from the importer as intended in paragraph (1), to Head of Customs Office or Customs and Excise Official at the Customs Office issuing Temporary Import permit submit notification to Head of Customs Office at the Customs Office of re-export by enclosing photocopy of Notification of Import Goods (PIB) and a photocopy Temporary Import permit and its extension.

(3) For the settlement of re-exports, importers filed document of Notification of Export Goods (PEB), photocopy of Notification of Import Goods (PIB), Temporary Import permit and supporting documents to the Customs and Excise Official at the Customs Office of re-export.

(4) Based on the submission of the document as intended in paragraph (3), Customs and Excise Official at the Customs Office of re-export conducts documents checking and physical examination.

(5) On the realization of re-exports have been made, the Customs Office of re-export submits photocopies Notification of Export Goods (PEB), Outward Manifest and Inspection Result Report (LHP) to the Customs Office issuing Temporary Import permit for settlement administration of Temporary Import.

Part Two
Late to Re-export and Do not Re-export

Article 26

(1) The late re-exported Temporary Imported goods are in the filing of Notification of Export Goods (PEB) and/or notification to re-export exceed a period of Temporary Import permit, but the realization of the re-export made within a period not exceeding 30 (thirty) days after the date of expiry of Temporary Import permit.

(2) In case of importers filed a notification for re-export as intended in paragraph (1), the provisions on passed the period of Temporary Import permits as intended in paragraph (1) is determined by the date of receipt of the notification for re-export by the Customs and Excise Official at the Customs Office of re-export to the proven stamp receipt.

(3) In case of Importer will re-export Temporary Imported goods that are late to be re-exported, re-export realization is made after the administrative sanction in the form of fine amounting to 100% (one hundred percent) of the import duty payable has been paid.

Part Three
Exemption for Obligation to Re-export

Article 27

(1) Obligation to Re-export as intended in Article 24 paragraph (1) excluded in case of:

(2) Exceptions as intended in paragraph (1) shall meet the following requirements:

(3) In cases not included in the exemption as intended in paragraph (1), on the Temporary Imported Goods that are considered as Temporary Imported Goods are not re-exported, and treated as Temporary Imported Goods are not Re-exported as intended in paragraph (1) shall be re-exported.

Part Four
Pretended Not be Re-exported and Treated as Temporary Imported Goods are Not Re-exported

Article 28

(1) What is meant by Temporary Imported Goods are pretended not Re-exported and treated as Temporary Imported goods are not Re-exported are:

(2) Temporary Imported Goods are pretended not Re-exported and treated as Temporary Imported Goods are not Re-exported may not be re-exported in case of:

Part Five
Settlement of Guarantee

Paragraph 1
Guarantee Returning

Article 29

(1) For guarantee returning, importers apply to Head of Customs Office or Customs and Excise Official at the Customs Office of Temporary Imported Goods entry place, by described the reason accompanied by evidence of settlement of Temporary Import permit at least in the form of:

(2) In case of Notification of Export Goods (PEB) is used as proof of settlement of Temporary Import permit as intended in paragraph (1) is not Notification of Export Goods (PEB) for the re-export of Temporary Imported Goods already checked physically the guarantee returning can not be given.

(3) In case of re-export conducted in outside of customs office of the entry place of Temporary Imported Goods, Customs and Excise Official at the Customs Office of the entry place of Temporary Imported Goods doing checking for the accuracy of documents submitted as intended in paragraph (1) by comparing the re-export documents transmitted by the customs office where the re-export as intended in Article 25 paragraph (5).

(4) In case of passengers, transportation means crews, and border crossers apply guarantee returning as intended in paragraph (1), shall submit the document at least:

(5) On the passengers, the transportation means crews, and border crossers who give guarantee with different releasing port with entry port, submission of documents as intended in paragraph (4) may be submitted to Customs Office of releasing port.

(6) Head of Customs Office or appointed Customs and Excise official in the entry port Customs Office must submit the documents as intended in paragraph (4) to the Head of Customs Office of releasing port no later than 3 (three) days since received complete documents.

(7) In case the documents as intended in paragraphs (1) or (4) are complete, Head of Customs Office or appointed Customs and Excise Officials at the Customs Office of entry port return guarantee to the Importer, passengers, transportation mean crew, and cross border or sponsor as intended in Article 10 paragraph (4) d.

(8) Return of guarantee to passengers, transportation means crew, and border crossers can be done through:

Paragraph 2
Imposition of Sanctions and Imposition of Administration Sanction

Article 30

(1) Temporary Imported Goods are pretended not re-exported, and treated as Temporary Imported Goods are not re-exported as intended in Article 28 paragraph (1) which do not settle Temporary Import permit, Customs and Excise Official in Customs Office of Temporary Imported Goods entry place:

(2) In case of Temporary Imported Goods are pretended not be Re-exported and treaded as Temporary Imported Goods are not be Re-exported as intended in Article 28 paragraph (1) have been subject to administrative sanctions on the late of re-export, administrative sanction are treated as administrative sanctions on Temporary Imported Goods are pretended not be Re-exported and treated as Temporary Imported Goods are not Re-exported.

CHAPTER IX
SUPERVISION

Part One
Inspection

Article 31

To ensure the goods fulfill the provisions in the Temporary Import permit, the Temporary Imported Goods may be checked physically in any time by Customs and Excise Official to make sure the number and types of Temporary Imported Goods are still at the utilization location.

Part Two
Prevented

Article 32

(1) Temporary Imported Goods can be prevented in case of:

(2) Prevented as intended in paragraph (1) shall be conducted after Head of Customs Office issuing Temporary Import permit notify importer in writing to settle customs obligations fulfillment.

Part Three
The Temporary Import Permit Revocation

Article 33

(1) Temporary Imported Goods are revoked the Temporary Import permit is pretended are not re-exported and treated as Temporary Imported Goods are not re-exported as intended in Article 28 paragraph (2)

(2) In case of importers did not obtain approval not to re-export from authorized agency, the Temporary Imported Goods should be Re-exported.

(3) The re-export as intended in paragraph (2) must be made no later than 30 (thirty) days from the determined of a decree for revocation for Temporary Import permit and report the results to the Director General or Head of Customs Office issuing Temporary Import permit.

(4) Revocation of Temporary Import permit conducted by the Director General or Head of Customs Office issuing Temporary Import permits by using Revocation of Temporary Import permit format as determined in Attachment XIX that is an integral part of this Regulation of the Director General.

Part Four
Billing

Article 34

(1) In case there is payment of import duty and tax in the framework of import should be paid, Importer make payment by using payment document in the form of Payment Slip of Customs, Excise, and Taxation (SSPCP) with documents as the basis of the payment by using decree letter on the Temporary Import permit.

(2) Obligation to pay import duty and tax in the framework of import as intended in paragraph (1) shall in case of:

(3) The results of physical examination found to amount and/or type does not fit as intended in Article 12 paragraph (4), Customs and Excise Official after get recommendation from control unit that there is no evidence of any indication of criminal offenses in the field of Customs issues a Determination of Rates and/or Customs Value (SPTNP).

Part Five
Administration

Article 35

(1) In the framework of securing the financial rights of the state, Head of Customs Office or Customs and Excise Official who handling Temporary Import permit administer Temporary Import documents in Form of Temporary Import Note until the completion of customs duty on Temporary Imported Goods.

(2) Form of Temporary Import Note as intended in paragraph (1) shall be based on sample as determined in Attachment XX that is an integral part of this Regulation of the Director General.

(3) In case of Temporary Imported Goods already settled customs obligation, Head of Customs Office or Customs and Excise Official notes the settlement note in the Temporary Import Note Form.

Reporting and Monitoring

Article 36

(1) Based on data in the Form of Temporary Import Notes as intended in Article 35 paragraph (2), Head of Customs Office submits a semester report on the Temporary Import permit has been issued or the export realization of Temporary Imported Goods to the Head of Customs and Excise Regional Office with copies to:

(2) Semester report as intended in paragraph (1) shall be submitted in the form of electronic data or report form in sample as determined in Attachment XXI that is an integral part of this Regulation of the Director General.

(3) For monitoring in the framework of control the issuance of a Decree on Temporary Import permit can use monitoring application system electronically.

(4) In case of supervision is done electronically, no need to submit a report as intended in paragraph (1).

CHAPTER X
CLOSING

Article 37

Temporary Import permit that Import Customs Notification was registered before effective date of this Regulation of the Director General is still valid until the end of the Temporary Import permit period and it can be given extension and completed with requirements and conditions are governed in this Regulation of the Director General.

Article 38

When this Regulation of the Director General comes into force, the provisions on the Temporary Import, such as:

Article 39

This Regulation of the Director General shall come into force on the date of stipulation.

Stipulated in Jakarta
on November 6, 2012
DIRECTOR GENERAL
signed.
AGUNG KUSWANDONO
NIP 19670329 199103 1 001