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ELUCIDATION OF GOVERNMENT OF THE REPUBLIC OF INDONESIA REGULATION NO. 3 of 2009 CONCERNING THE CONTROL ON THE TRANSPORT OF SPECIFIED GOODS IN THE CUSTOMS AREA

I. GENERAL

Law Number 10 of 1995 concerning Customs as amended by Law Number 17 of 2006 concerning Amendment to Law Number 10 of 1995 concerning Customs stipulates that the Directorate General of Customs and Excise is authorized to control the traffic of goods entering into or going out from the customs area. However, in view of the geographical location of Indonesia as an archipelagic country whose waters border neighboring countries, there have been frequent acts committed by inter insular transport operators to smuggle subsidized goods, or goods whose export is restricted/forbidden.

To prevent the misdeeds, Law Number 10 of 1995 concerning Customs as amended by Law Number 17 of 2006 concerning Amendment to Law Number 10 of 1995 concerning Customs authorizes the Directorate General of Customs and Excise to conduct the control on the seaborne transport of specified goods.

The authority is given to the Directorate General of Customs and Excise, provided a relevant technical agency makes a request to the Directorate General of Customs and Excise to conduct the control on the transport of specified goods.

II. ARTICLE BY ARTICLE

Article 1

Self explanatory.

Article 2

Paragraph (1)

Self explanatory

Paragraph (2)

If the ministry or non-ministerial government agency authorized to control a type of goods deems it necessary to call for the control on the seaborne transport of specified goods in the customs area, the ministry or non-ministerial government agency must submit details of the types of goods subject to surveillance and the regulation and law underlying the control on the goods, to the minister overseeing trade. Based on the proposal, the minister overseeing trade must submit it to the Minister of Finance.

Paragraph (3)

The coordination between the relevant technical agencies and the minister overseeing trade can be conducted through meetings or correspondence.

Paragraph (4)

Self explanatory.

Paragraph (5)

Self explanatory.

Paragraph (6)

What is meant by “in specified cases” include the existence of intelligence information on alleged violation in the transport of specified goods.

Article 3

Paragraph (1)

Self explanatory

Paragraph (2)

What is meant by “person” is either an individual or corporate body.

Paragraph (3)

Sufficiently clear.

Article 4

Customs notification on the departure of specified goods must be brought in the transport of specified goods and serve as a document protecting the transport of specified goods.

Article 5

Paragraph (1)

Sufficiently clear.

Paragraph (2)

What is meant by ‘before unloading specified goods” is the condition in which transport means has arrived at the port of unloading under the preview of the Customs Office and specified goods are to be unloaded from the transport means.

Paragraph (3)

Basically, specified goods can only be unloaded at the port of destination after the customs notification of specified goods has been submitted. However, if the transport means undergoes emergency such as fire, un-repairable engine trouble, being trapped in bad weather and other happenings beyond human capacity, exception can be given by unloading the specified goods without having to submit the customs notification of the specified goods first.

Paragraph (4)

Letter a

What is meant by “nearest Customs Office” is the easiest way to reach Customs Office. Report the emergency condition as intended in this provision by using communication radio, telephone, or facsimile.

Letter b

Self explanatory

Article 6

Paragraph (1)

Self explanatory

Paragraph (2)

Self explanatory

Paragraph (3)

What is meant by “in specified cases” such as indication or enough beginning evidence of violation on the quantity, kind or other technical conditions.

Paragraph (4)

Self explanatory

Article 7

Self explanatory

Article 8

Self explanatory

Supplement to statute book of the Republic of Indonesia Number 4971