REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE
NO. P-10/BC/2006
ON
THE PROCEDURE FOR SUBMISSION AND ADMINISTRATION OF THE NOTIFICATION PLAN MEANS THE ARRIVAL OF THE CARRIER, MEANS THE ARRIVAL OF THE CARRIER'S MANIFEST, AND MANIFEST DEPARTURE MEANS OF CONVEYANCE
THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE,
Considering:
- a. that following the issuance of Regulation of the Minister of Finance No. 39/PMK.04/2006 on Procedures for Submitting Notification About Arrival Plan, Inward Manifest and Outward Manifest of Carriers, it is necessary to regulate technical provisions on the implementation of the regulation;
- b. that based on the consideration as meant in letter a, it is necessary to stipulate a regulation of the Director General of Customs and Excise on Procedures for Giving Up and Administering Notification About Arrival Plan, Inward Manifest and Outward Manifest of Carriers;
In view of:
- 1. Law No. 10/1995 on Customs Affairs (Statute Book 1995 No. 75, Supplement to Statute Book No. 3612);
- 2. Law No. 20/1997 on Non-Tax State Revenue (Statute Book 1997 No. 43, Supplement to Statute Book No. 3687);
- 3. Government Regulation No. 22/1996 on Imposition of Customs Administrative Sanction (Statute Book 1996 No. 37, Supplement to Statute Book No. 3627);
- 4. Government Regulation No. 44/2003 on Tariffs of Non-Tax State Revenue Effective Within the Directorate General of Customs and Excise (Statute Book 2003 No. 95, Supplement to Statute Book No. 4313);
- 5. Presidential Decree No.20/P/2005;
- 6. Decree of the Minister of Finance No. 575/KMK.05/1996 on Procedures for Straight Transport or Further Transport of Imported or Exported Goods;
- 7. Decree of the Minister of Finance No. 101/KMK.05/1997 on Customs Declaration as already amended several times and the latest by Regulation of the Minister of Finance No. 48/PMK.04/2005;
- 8. Decree of the Minister of Finance No. 453/KMK.04/2002 on Customs Procedures in the Import Sector as already amended several times and the latest by Decree of the Minister of Finance No. 112/KMK.04/ 2003;
- 9. Decree of the Minister of Finance No. 557/KMK.04/2002 on Customs Procedures in the Export Sector;
- 10. Decree of the Minister of Finance No. 118/KMK.04/2004 on Procedures for Payment and Remittance of Non Tax State Revenue Effective Within the Directorate General of Customs and Excise;
- 11. Regulation of the Minister of Finance No. 39/PMK.04/2006 on Procedures for Submitting Notification About Arrival Plan, Inward Manifest and Outward Manifest of Carriers;
- 12. Decision of the Director General of Customs and Excise No. KEP-35/BC/2000 on Technical Directives for Further Transport of Air Cargos through International Airports;
- 13. Decision of the Director General of Customs and Excise No. KEP-151/BC/2003 on Technical Directives for Customs Procedures in the Export Sector;
- 14. Decision of the Director General of Customs and Excise No. KEP-152/BC/2003 on Technical Directives for Customs Procedures in the Export Securing Import Relief for Export Purpose;
- 15. Decision of the Direcotr General of Customs and Excise No. KEP-07/BC/2003 on Tchnical Directives for Customs Procedures in the Import Sector, as already amended the latest by Regulation of the Director General of Customs and Excise No. P-19/BC/2005;
- 16. Decision of the Director General of Customs and Excise No. KEP-27/BC/2004 on Technical Directives for Payment and Administration of Non-Tax State Revenue (PNBP) Effective Within the Directorate General of Customs and Excise;
DECIDES :
To stipulate :
THE REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE ON PROCEDURES FOR GIVING UP AND ADMINISTERING NOTIFICATION ABOUT ARRIVAL PLAN, INWARD MANIFEST AND OUTWARD MANIFEST OF CARRIERS
Article 1
Referred to in this regulation as:
- 1. Imported Goods are goods imported into the Customs Area.
- 2. Exported Goods are goods taken out from the Customs Area for carrying or sending abroad.
- 3. Straightly Carried Goods are goods carried by a carrier through customs office without unloading first.
- 4. Further Carried Goods are goods carried by a carrier through customs office by unloading first.
- 5. Customs Office is office within the Directorate General of Customs and Excise where customs liabilities are fulfilled.
- 6. Director General is the Director General of Customs and Excise.
- 7. Official is employee of the Directorate General of Customs and Excise, appointed in certain position to execute specified tasks on the basis of Law No. 10/1995.
- 8. Transporters are persons, their proxies or personnel/party in responsible for the operation of carriers) that carry goods and/or people.
- 9. Carrier is sea, air or land vehicle/carrier used for carrying goods and/or people.
- 10. Ports are seaports and airports.
- 11. Arrival Plan of Carrier is notification about the arrival plan of carrier conveyed by transporter to a customs office.
- 12. Arrival Schedule of Carrier is notification about arrival plan of carrier having regular schedule of arrival in a specified period, which is conveyed by transporter to a customs office.
- 13. Inward Manifest of Carrier, hereinafter called Inward Manifest is a list of commercial freights carried by a carrier through sea, air and land upon entering the Customs Area.
- 14. Outward Manifest of Carrier, hereinafter called Outward Manifest is a list of commercial freights carried by a carrier through sea, air and land upon leaving the Customs Area.
- 15. Electronic Data Interchange System (PDE) is a process of exchange of data by using direct connection between computers through an electronic data interchange system.
- 16. Electronic Data Storage Media is diskette or other electronic data storage media.
- 17. Manually is conveyance of data without using computer facility.
- 18. Arrival Moment of Carrier is:
- a. in the case of sea carrier, when the carrier anchors in seaport waters;
- b. in the case of air carrier, when the carrier lands on the airport runway;
- c. in the case of land carrier, when the carrioer arrives at the Customs Area in cross-border territory.
- 19. Departure Moment of Carrier is:
- a. in the case of sea carrier, when the carrier lifts up anchor from seaport waters in the Customs Area;
- b. in the case of air carrier, when the carrier takes off the airport runway in the Customs Area;
- c. in the case of land carrier, when the carrier leaves the Customs Area in cross-border territory.
Article 2
(1)Transporters whose carriers will come from:
- a. outside the Customs Area; or
- b. inside the Customs Area that carry imported goods, exported goods and/or goods from the Customs Area, which are carried to other Customs Area through outside Customs Area, are obliged to give up notification in the form of Arrival Plan of Carrier (RKSP) to official in every customs office to be called on, not later than 24 (twenty four) hours before the arrival of the carrier.
(2)The transporters as meant in paragraph (1), whose carriers have regular schedule of arrival in a specified period are sufficient to give up the Arrival Schedule of Carrier (JKSP) to official in every customs office to be called on, not later than 24 (twenty four) hours before the first arrival in the certain schedule.
(3)Transporters are obliged to inform change in:
- a. RKSP as meant in paragraph (1), in not later than the arrival moment of carrier;
- b. JKSP as meant in paragraph (2), in not later than the first arrival moment of carrier.
(4)The notification as meant in paragraphs (1) and (2) does not apply to carriers coming from outside the Customs Area through mainland.
(5)The notification of RSKP as meant in paragraph (1) and JKSP as meant in paragraph (2) already received and securing number of registration at the Customs Office constitutes Custom Declaration BC 1.0.
Article 3
(1) The notification as meant in Article 2 paragraph (1) and (2) Is conveyed:
- a. through PDE System, in the case of Customs Offices applying Customs PDE System;
- b. through Electronic Data Storage Media, in the case of Customs Offices applying data exchange system by Electronic Data Storage Media;
- c. manually, in the case of Customs Offices being other than those mentioned in letters a and b.
(2) Procedures for giving up and administering notification about RKSP/JKSP manually are as set forth in Attachment I to this regulation.
(3) Procedures for giving up and administering notification about RKSP/JKSP through Electronic Data Storage Media are as stipulated in Attachment II to this regulation.
(4) Procedures for giving up and administering notification about RKSP/JKSP through the PDE System are as stipulated in Attachment III to this regulation.
Article 4
(1) Transporters whose carriers will come from:
- a. outside the Customs Area; or
- b. inside the Customs Area that carry imported goods, exported goods and/or goods from the Customs Area, which are carried to other Customs Area through outside Customs Area, are obliged to give up notification in the form of Inward Manifest in the Indonesian language or English language to official in the Customs Area.
(2) The obligation to give up the notification as meant in paragraph (1) is realized in not later than:
- a. the moment before goods are unloaded, in the case of sea and air carriers;
- b. the arrival moment of carriers, in the case of land carriers.
(3) In the case of the unloading being uriable to realize promptly, the obligation ass meant in paragraph (1) is executed in a period of:
- a. not later than 24 (twenty-four) hours as from the arrival of Carriers, in the case of sea carriers;
- b. not later than 8 (eight) hours as from the arrival of carriers, in the case of carriers.
(4) The notification as meant in paragraph (1) is specified into items as well as classified separately with classification as follows:
- a. imported goods whose customs liabilities are settled in the local Customs Office;
- b. imported goods to be carried further;
- c. imported goods to be carried straightly;
- d. unloaded exported-goods to be carried straightly;
- e. exported goods to be carried straightly;
- f. goods coming from Customs Area, which are carried from a customs area to other customs area through outside customs area.
(5) The items as meant in paragraph (4) are made on the basis of Bill of Lading/Seaway Bill or Airway Bill with a description of goods able to show classification minimally 4 (four) digits of Harmonized System headings, as meant in specimen in Attachment IV to this regulation.
(6) In the case of elements of data about description of goods in an item as meant in paragraph (5) being more than S(five) kinds of goods, transporters mention description of goods minimally covering five kinds of goods that have the largest value or volume.
(7) Besides the notification as meant in paragraph (1), in not later than the arrival moment of carriers, transporters are obliged to give up notification in the Indonesian language or English language electronically or manually to official in the Customs Office, in the form of:
- a. list of passengers and/or crew members of carrier;
- b. list of ship logistics;
- c. stowage plan;
- d. list of firearm; and
- e. list of medicines, including drugs used for therapy.
(8) In the case of carriers arriving through air, transpoerters are obliged to give up the list of passengers as meant in paragraph (7) letter in not later than one hour before the arrival of the carriers
(9) Transporters whose carriers come from outside the customs area, in the case of their carriers not carrying the goods as meant in paragraph (1) are obliged to give up nil notification.
(10) In the case of carriers being in an emergency condition, transporters can unload goods first and are obliged to:
- a. report the emergency condition to the nearest customs office on the first occasion; and
- b. give up the notification as meant in paragraph (1) and paragraph (7) in not later than 72 (seventy two) hours after the unloading.
(11) The obligation to convey notification as meant in paragraph (1) does not apply to carriers not undertaking loading/unloading activities and:
- a. berthing/anchoring in not more than 24 (twenty four) hours, in the case of sea carriers;
- b. landing in not more than 8 (eight) hours in the case of air carriers.
(12) The inward manifest as meant in paragraph (1), already received and securing number of registration at the Customs Office constitutes Customs Declaration BC 1.1 and applies as approval of unloading of goods.
Article 5
(1) The notification as meant in Article 4 paragraph (1) is conveyed:
- a. through PDE System, in the case of Customs Offices applying Customs PDE System;
- b. through Electronic Data Storage Media, in the caseof Customs Offices applying data exchange system by Electronic Data Storage Media;
- c. manually, in the case of Customs Offices being other than those mentioned in letters a and b.
(2) Procedures for giving up and administering notification about Inward Manifest manually are as set forth in Attachment V to this regulation.
(3) Procedures for giving up and administering notification about Inward Manifest through Electronic Data Storage Media are as stipulated in Attachment VI to this regulation.
(4) Procedures for giving up and administering notification tion about Inward Manifest through the PDE System are as stipulated in Attachment VII to this regulation.
Article 6
(1) As long as the reasons can be proven by supporting documents, transporters or other parties in responsible for goods can submit revision for BC 1.1. as meant in Article 4 paragraph (12) in the following cases:
- a. Mistake regarding number, mark, size and kind of package and/or container;
- b. Mistake regarding quantity of packages and/or containers as well as the quantity of bulk goods;
- c. Mistake regarding name of consignee and/or notify party in manifest;
- d. Several items needing to be combined into one item with the provision that:
- 1) items of BC 1.1, which will be combined, come from the same BC 1.1.;
- 2) name and address of shipper/supplier, consignee, notify address/notify party and loading ports must be the same for the respective items to be combined;
- 3) revision for Bill of Lading/Airway Bill has been issued.
(2) The revision of BC 1.1 as meant in paragraph (1) is realized by approval of the Head of Customs Office.
(3) If items of BC 1.1. of imported goods sent in a consolidated manner need to be specified further, transporters or other parties in responsible for goods can submit revision for BC 1.1. without approval of the Head of the Customs Office.
(4) Responsibility related to the submission of revision for BC 1.1. as meant in paragraphs (1) and (3) is borne by parties submitting the improvement.
Article 7
Procedures for revising BC 1.1. as meant in Article 6 are as stipulated Attachment VIII to this regulation.
Article 8
(1) Transporters whose carriers will depart to:
- a. outside the Customs Area; or
- b. inside the Customs Area that carry imported goods, exported goods and/or goods from the Customs Area, which are carried to other Customs Area through outside Customs Area, are obliged to give up notification in the form of Outward Manifest in the Indonesian language or English language to official in the Customs Area.
(2) The obligation to give up the notification as meant in paragraph (1) is realized in not later than 24 (twenty four) hours as from the departure of carriers.
(3) The Outward Manifest as meant in paragraph (1) is specified into items as well as classified separately with classification as follows:
- a. exported goods loaded in the local Customs Office;
- b. exported goods carried straightly; c. imported goods carried further;
- c. imported goods carried straightly; and/or
- d. goods coming from Customs Area, which are carried from a customs area to other customs area through outside customs area.
(4) The items in the Outward Manifest as meant in paragraph (3) are made on the basis of Bill of Lading/ Seaway Bill or Airway Bill with a description of goods able to show classification minimally 4 (four) digits of Harmonized System headings, as meant in specimen in Attachment IV to this regulation.
(5) In the case of elements of data about description of goods in an item as meant in paragraph (4) being more than 5 (five) kinds of goods, transporters mention description of goods minimally covering five kinds of goods that have the largest value or volume.
(6) Transporters whose carriers come from outside the customs area, in the case of their carriers not carrying the goods as meant in paragraph (1) are obliged to give up nil notification.
(7) The obligation, to convey notification as meant in paragraph (1) does not apply to carriers not under talkinq loading/unloading activities and:
- a. berthing/anchoring in not more than 24 (twenty four) hours, in the case of sea carriers;
- b. landing in not more than 8 (eight) hours in the case of air carriers.
(8) The Outward Manifest as meant in paragraph (1), already received and securing number of registration at the Customs Office constitutes Customs Declaration BC 1.1.
Article 9
(1) The notification as meant in Article 4 paragraph (1) is conveyed:
- a. through PDE System, in the case of Customs Offices applying Customs PDE System;
- b. through Electronic Data Storage Media, in the case of Customs Offices applying data exchange system by Electronic Data Storage Media;
- c. manually, in the case of Customs Offices being other than those mentioned in letters a and b.
(2) Procedures for giving up and administering notification about Inward Manifest manually are as set forth in Attachment IX to this regulation.
(3) Procedures for giving up and administering notification about Inward Manifest through Electronic Data Storage Media are as stipulated in Attachment X to this regulation.
(4) Procedures for giving up and administering notification about Inward Manifest through the PDE System are as stipulated in Attachment XI to this regulation.
Article 10
(1) Item of BC 1.1 can be closed manually or electronically.
(2) The item of BC 1.1 is closed by mentioning number and date of customs declaration or other documents used for settling customs liabilities.
Article 11
(1) The provisions on RKSP/JKSP and Inward Manifest in this regulation come into force as from:
- a. July 1,2006, In Special Customs and Excise Service Office of type A Tanjung Priok I, II and III;
- b. September 1,2006 in other Customs Offices.
(2) The provisions on Outward Manifest in this regulation come into force as from October 1,2006.
Article 12
(1) Working days and hours of Customs Offices are enforced in accordance with the Decree of the Minister of Finance on Working Days and Hours within the Ministry of Finance.
(2) Customs Offices provide service for 24 (twenty four) hours every day for the receipt of RKSP/JKSP, Inward Manifest and Outward Manifest.
(3) Heads of Customs Office regulate the placement of officers serving the activity as meant in paragraph (2).
Article 13
Submission of RKSP/JKSP, Inward Manifest and Outward Manifest through PDE System is served on the basis of an agreement between transporters and heads of regional offices, which is mentioned in Note of Agreement on the Use of PDE System.
Article 14
With the enforcement of this regulation, Decision of the Director General of Customs and Excise No. KEP-61/BC/2000 is declared null and void.
Article 15
The regulation comes into force as from July 1, 2006.
For public cognizance, the regulation shall be published by placing it in State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
On June 16, 2006
THE DIRECTOR GENERAL
(signed)
ANWAR SUPRIJADI
REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE No. P-10/BC/2006