to Indonesian
a. that the monitoring of the implementation of the provisions of Receipt of Export Proceeds (DHE) through Foreign Exchange Banks shall be improved their effectiveness;
b. that in the framework to reduce the administrative burden of DHE receiver Exporters and Foreign Exchange Bank as the party receiving the information and data of DHE acceptance from Exporter it is necessary to adjust the provisions on the acceptance time limit and less limit between DHE the value of Notification of Export Goods (PEB);
c. that based on the considerations as intended in paragraphs a and b, it is necessary to amend the Bank Indonesia Regulation Number 13/20/PBI/2011 concerning Receipt of Export Proceeds and Withdrawal of Foreign Exchange from External Debt;
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 (Statute Book of the Republic of Indonesia Number 93 of 2006, Supplement to Statute Book of the Republic of Indonesia Number 4661);
2. Law Number 23 of 1999 concerning Bank Indonesia (Statute Book of the Republic of Indonesia Number 66 of 1999, Supplement to Statute Book Number 3843) as amended several times, the latest by Law Number 6 of 2009 concerning Stipulation of Government Regulation in Lieu of Law Number 2 of 2008 concerning the Second Amendment to the Law Number 23 of 1999 concerning Bank Indonesia to Become Law (Statute Book of the Republic of Indonesia Number 7 of 2009, Supplement to Statute Book of the Republic of Indonesia Number 4962);
3. Law Number 24 of 1999 concerning Foreign Exchange Flow and Exchange Rate System (Statute Book of the Republic of Indonesia Number 67 of 1999, Supplement to Statute Book of the Republic of Indonesia Number 3844);
BANK INDONESIA REGULATION CONCERNING AMENDMENT TO BANK INDONESIA REGULATION NUMBER 13/20/PBI/2011 CONCERNING RECEIPT OF EXPORT PROCEEDS AND WITHDRAWAL OF FOREIGN EXCHANGE FROM EXTERNAL DEBT.
Several provisions in the Bank Indonesia Regulation Number 13/20/PBI/2011 concerning Receipt of Export Proceed and Withdrawal of Foreign Exchange from External Debt (Statute Book of the Republic of Indonesia Number 93 of 2011, Supplement to Statute Book of the Republic of Indonesia Number 5241) are amended as follows:
1. The provisions of Article 6 shall be amended become as follows:
"Article 6
(1) DHE received as intended in Article 2 shall be equal to the value of PEB.
(2) In case of DHE is less than PEB value with the difference in value less than maximum Rp10,000,000.00 (ten million rupiah), the DHE receipt is considered according to the value of PEB and Exporter does not need to submit a written explanation and supporting documents.
(3) In case of DHE is less than PEB value other than as intended in paragraph (2) caused by:
(4) Written explanation with appropriate supporting documents as intended in paragraph (3) are submitted to the Foreign Exchange Bank to be forwarded to Bank Indonesia at the latest on 5 of ensuing month after DHE received by exporter through Foreign Exchange Bank.
(5) In case of Exporter does not submit a written explanation with supporting documents as intended in paragraph (3), DHE received by Exporter deemed not equal with the PEB and Exporters considered not doing the whole DHE acceptance through Foreign Exchange Bank."
2. The provisions of Article 18 shall be amended become as follows:
"Article 18
(1) DHE receipt that is agreed not through foreign exchange bank and/or associated with the payment obligations of exporter who had signed before the this Regulation come into force, shall not be accepted through Foreign Exchange Bank until December 31, 2012.
(2) DHE receipt as intended in paragraph (1) shall be reported by Exporter to Bank Indonesia with a written explanation with supporting documents no later than 14 (fourteen) days after the date of PEB.
(3) Especially for DHE receipt from PEB issued in 2012, the obligation of DHE receipt through Foreign Exchange Bank no later than the end of the 6th (sixth) month after the date of PEB.
(4) DHE receipt derived from netting result of Exporter receivable with Exporter obligation can only be made up to December 31, 2012 and complete with supporting documents.
(5) DULN Withdrawal derived from foreign loan agreement signed before the January 2, 2012 is not required to be done through Foreign Exchange Bank, except for the DULN withdrawal derived from the addition of debt ceiling because of changes/amendments to agreement signed after the date of January 2, 2012."
3. Between Article 19 and Article 20 is inserted 1 (one) article, called Article 19A which is read as follows:
"Article 19A
Further provisions on the DHE receipt are governed in Circular Letter of Bank Indonesia."
This Bank Indonesia Regulation shall come into force on the date of stipulation.
For public cognizance, this Bank Indonesia Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on August 28, 2012
GOVERNOR OF BANK INDONESIA,
signed,
DARMIN NASUTION
Promulgated in Jakarta
on August 28, 2012
MINISTER OF LAW AND HUMAN RIGHTS OF REPUBLIC OF INDONESIA,
signed,
AMIR SYAMSUDIN
STATUTE BOOK OF REPUBLIC OF INDONESIA NUMBER 169 OF 2012