to Indonesian

CIRCULAR OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE
No. SE-01/BC/2010

CONCERNING
IMPLEMENTATION DIRECTION TO CHECK CERTIFICATE OF ORIGIN (SKA) ON THE IMPORTED GOODS IN THE FRAMEWORK OF FREE TRADE AGREEMENT SCHEME

DIRECTOR GENERAL OF CUSTOMS AND EXCISE,

January 15, 2010

To:

• 1. Heads of Regional Offices;
• 2. Heads of Main Service Offices;
• 3. Heads of Service and Supervisory Offices of Customs and Excise;
• Throughout Indonesia

In connection with the implementation of Free Trade Agreement while awaiting further improvement is required to carry out measures as follows:

1. In case of doubt about the validity of the SKA (administrative inspection) to the red line PIB, Document Checker Official shall conduct following activities:

• a. Column 4 of SKA form D, Form E, and Form AK is given a mark on the not acceptable (not given) column with the reasons for rejection and signed by Document Checker Official.
• b. Ask for a guarantee to the importer for the difference BM and PDRI.
• c. Issuing SPPB after a guarantee is given.
• d. SKA is confirmed by the Head of KPU/KPPBC to the Indonesian Embassy in the issuing country of SKA (issuing authority) with copies to the International Customs Directorate and the Directorate of Enforcement and Investigation.
• e. Within 6 (six) months period from the date of confirmation there is no answer, then the guarantee is liquefied.

2. In case of doubt about the validity of the SKA (administrative inspection) to the red line PIB, Document Checker Official shall conduct following activities:

• a. Column 4 of SKA form D, Form E, and Form AK is given a mark on the not acceptable (not given) column with the reasons for rejection and signed by Document Checker Official.
• b. SKA is confirmed by the Head of KPU/KPPBC to the Indonesian Embassy in the issuing authority with copies to the International Customs Directorate and the Directorate of Enforcement and Investigation..
• c. Result of confirmation:
• 1) If the SKA declared invalid, the process is considered complete.
• 2) If the issuing authority to admit an error and the error does not abort the validity of the SKA, the process is considered complete.
• 3) If the issuing authority to admit an error and the error renders the validity of the SKA:
• - 30 days prior to the issuance of Letter of Determination of Tariff and Customs Value (SPTNP);
• - After passing 30 days followed up with audits.
• 4) In case the SKA is never issued by the issuing authority, the settlement submitted to the Control Unit.
• d. In the absence of confirmation within the limit time of 6 (six) months, to the import of goods subject to the general tariff (MFN).

3. In case of there is strong evidence or sufficient preliminary evidence of criminal offences (such as falsification of documents), Document Checker Official shall submit the import documents to the Customs Official who handling the investigation.

4. For the SKA Form D, Form AK, and Form JIEPA allowed to use the Third Country Invoicing.

5. Using SKA in the FTZ, TPB and KITE to be released to DPIL is not apply.

6. For the implementation of the FTA on the border, the provisions of the FTA shall be applied, and Official shall control related with rules of the prohibition/restriction.

7. Implementation on the provisions of the use of preferences tariff of each FTA is guided by:

This was stated to be implemented with full responsibility.

Stipulated in Jakarta
on January 15, 2010
DIRECTOR GENERAL
signed,
THOMAS SUGIJATA
NIP. 19510621 197903 1 001