to Indonesian
a. that in an effort to prevent violations in the customs and excise field, it is necessary an effective and efficient control system with a structured risk management;
b. that in the framework to create an effective and efficient control system by increasing the function of intelligent in the field of customs and excise;
c. that in an effort to improve the functioning of the intelligent it is necessary activities of the intelligent to produce accurate information on the indication of a violation in the field of customs and/or excise that is written in the Intelligent Result Note;
d. based on the considerations as intended in paragraphs a, b, and c, it is necessary to stipulate Regulation of the Director General of Customs and Excise concerning Intelligent Result Note.
1. Law No. 10/1995 concerning Customs (Statute Book of the Republic of Indonesia No. 75/1995, Supplement to Statute Book No. 3612), as amended by Law No. 17/2006 (Statute Book of the Republic of Indonesia No. 93/2006, Supplement to Statute Book No. 4661 );
2. Law No. 11/1995 concerning Excise (Statute Book of the Republic of Indonesia No. 76/1995, Supplement to Statute Book No. 3613) as amended by Law No. 39/2007 (Statute Book of the Republic of Indonesia No. 105/2007, Supplement to Statute Book No. 4755);
3. Regulation of the President of the Republic of Indonesia No. 9/2005 concerning Position, Task, Function, Organization Structure, and Work Flow of the State Ministries of the Republic of Indonesia as several times amended the latest by Regulation of the President of the Republic of Indonesia No. 94/2006;
4. Regulation of the President of the Republic of Indonesia No. 10/2005 concerning Organization Unit and Task of Echelon I of State Ministries of the Republic of Indonesia as several times amended, the latest by Regulation of the President of the Republic of Indonesia No. 17/2007;
5. Regulation of the President of the Republic of Indonesia No. 95/2005 concerning Organization and Work Flow of Vertical Agencies in the Ministry of Finance environment, as amended several times, the latest by Regulation of the President of the Republic of Indonesia No. 22/2007;
6. Regulation of the Minister of Finance No. 131/KMK.01/2006 concerning the Organization and Work Flow of the Ministry of Finance;
7. Regulation of the Minister of Finance No. 68/KMK.01/2007 concerning the Organization and Work Flow of Vertical Agencies of the Directorate General of Customs and Excise.
REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE CONCERNING INTELLIGENT RESULT NOTE.
In this Decree:
1. Intelligent Result Note hereinafter called as NHI is the product of Intelligent Activities that show indications of a violation in the customs and/or excise field.
2. Intelligent Activities are a series of activities within the Intelligent cycle include planning for Intelligent work, gathering, assessment, development, comparison, analysis, spread, and review of data based on information from the Data Base and/or Other Information that show the risk indicators of violations in the customs and/or excise field.
3. Post seizure Analysis is an analysis of the violations that have occurred, which describes the risk indicators of a violation as an auxiliary tool for Customs and Excise officials in overseeing similar violations do not reoccur in the future.
4. Enforcement is the act of termination, inspection, prevention, sealing and/or other actions carried out by Customs and Excise officials in the framework of implementation of regulations in the field of customs and/or excise.
5. Intelligent Data Base hereinafter abbreviated as PDI database contains information useful for Supervision in the field of customs and/or excise, including such as databases: importers/exporters, entrepreneurs of goods subject to excise, prices, commodity, country of origin, facilities, PPJK/ TPS/ TPB/ TPBKC, transportation means, shipping/air/land transportation/rail companies, port of loading/destination, and other risk indicators.
6. Other information are all information obtained from the Data Base except that relating to customs and excise activities, for example, the information given by certain parties, public reports, and information obtained through the print media, electronic media, and internet.
7. The transportation means are vehicle/freight by sea, river, air, or land are used for transporting of goods and/or people.
8. Person is an individual or legal entity.
9. In duty official to analyze is Customs and Excise official assigned specifically to Intelligent Activities, which consists of intelligent data providers, intelligent data processing, and intelligent data reviewers.
10. Intelligent Analysis Worksheet hereinafter abbreviated as LKAI is the result made by the Official in charge of the analysis based on information obtained from the Data Base and/or Other Information.
11. Implementation Report of Intelligent Result Note, hereinafter abbreviated as LPNHI is report of implementation result of actions have been implemented based on the NHI has been published.
12. Customs office is Office within the Directorate General of Customs and Excise environment where fulfill Customs and Excise Obligation which consists of the Main Service Office and Supervision and Service Office of Customs and Excise.
13. Electronic data exchange or PDE is the flow of business information between organizations automatically, without human intervention. This information is integrated and flow into and out of an organization's business management system.
14. Manual is a process carried out without use of computer facility.
(1) NHI issued by the competent authority based on LKAI.
(2) Officers authorized to issue NHI as intended in paragraph (1) is:
(3) In case of there is need for immediate action based on information received, the direct superior Official as intended in paragraph (2) ordered the Official as intended in paragraph (2) to publish the NHI.
(4) The order as intended in paragraph (3) be submitted in writing.
(5) In the case of official as intended in paragraph (2) is absent, Publishing of NHI is implemented by a direct superior Official as intended in paragraph (2).
(6) NHI and LKAI as intended in paragraph (1) are confidential.
(1) The official in charge of the analysis do analyze on the information already obtained from PDI or Other Information.
(2) Based on the analysis performed if indicated a violation of the customs and/or excise, Official in charge for analyzing writes analysis result in LKAI as intended in Attachment I of this Regulation.
(3) Superior Official in charge to conduct analysis should check LKAI and:
(4) The official as intended in Article 2 paragraph (2) or Article 2 paragraph (5) publishes NHI based on LKAI.
(5) LKAI and NHI recorded and administered in the Intelligent Register as intended in Attachment II of this Regulation.
(6) NHI is issued by the competent authority official by using format as intended in Attachment III of this Regulation.
(1) In certain case, Official who publishes NHI can make assignments to the official in charge of Intelligent analysis in a form called the Intelligent Assignment Sheet as intended in Attachment IV of this Regulation.
(2) Based on the assignment is received, official in charge of the analysis plan and perform collection of information required and planning and collect information in form of Planning and Collecting Information Sheet as intended in Attachment V of this Regulation.
(1) NHI issued by the Head of Sub-directorate of Intelligent addressed to:
(2) NHI issued by the Head of Enforcement and Investigation Division or the Head of Enforcement and Operation Facilitation at the Regional Office addressed to the Head of Enforcement and Investigation Section of the Supervision and Service Office of Customs and Excise or the Head of Supervision and Service Office of Customs and Excise Type B with copies to Head of Regional Office, Head of the Supervision and Service Office of Customs and Excise, and the Head of Sub-directorate of Intelligent.
(3) NHI issued by the Head of Enforcement and Investigation Division at the Main Service Office addressed to the Head of Enforcement Section, with copies to the Head of Main Service Office and Head of Sub-directorate of Intelligent.
(4) NHI issued by the Head of Enforcement and Investigation Section is addressed to the Head of Subsections Enforcement with copies to the Head Office of Supervision and the Customs and Excise Service, Head of Enforcement and Investigation, and the Head of Sub-Intelligent.
(5) NHI issued by the Head of Supervision and Service Office of Customs and Excise Service Type B addressed to the Head of Enforcement and Investigation Sub-section at Supervision and Service Office of Customs and Excise Type B with copies to the Head of Enforcement and Investigation Division and Head of Sub-directorate of Intelligent.
(1) Distribution of the NHI from official publisher NIH as intended in Article 2 paragraph (2) to an officials who receive as intended in Article 5, carried out by:
(2) For the speed and secrecy, NHI can be delivered earlier by facsimile, radiogram, telephone, or electronic mail by the competent authority official as intended in Article 2 paragraph (2) or Article 2, paragraph (5) preceding the submission as intended in paragraph ( 1).
(1) The official who received the NHI as intended in Article 5, taking Actions on Goods, Transportation Means, People, and/or Building.
(2) For taking of Actions as intended in paragraph (1), official who received NHI appoints Customs and Excise official.
(3) The appointment of officials who take actions as intended in paragraph (2) is based on an Order with the format as intended in Attachment VI to this Regulation.
(1) In the case of legal actions as intended in Article 7 paragraph (1) carried out on imported goods that are in Temporary Piling Place, a physical examination performed by the following provisions:
(2) In case of legal actions as intended in Article 7 paragraph (1) carried out on imported goods in the Bonded Piling Place, a physical examination performed by the following provisions:
(3) The official who received the NHI must notify the importer/proxy before the physical examination.
(4) The official appointed in the Order as intended in Article 7 paragraph (2) pursuit of the imported goods as intended in paragraph (1) or paragraph (2) who have been out of Temporary Piling Place or Bonded Piling Place.
(1) In the case of legal actions as intended in Article 7 paragraph (1) made on the export of goods, physical examination performed with the following conditions:
(2) The official who received the NHI must notify the exporter/attorney before the physical examination;
(1) In the case of legal actions as intended in Article 7 paragraph (1) made on the goods subject to excise or Transportation Means, a physical examination performed by an officer appointed in the Order as intended in Article 7 paragraph (2);
(2) The official who received the NHI must notify the entrepreneur of Goods Subject to Excise or owner of the Transportation Means or their proxies before physical examination.
(1) After making the taking of action, officials appointed in the Order as intended in Article 7 paragraph (2), shall make a Report of Enforcement of at least include:
(2) Enforcement Implementation Report as intended in paragraph (1) shall be submitted in writing to the officer who received the NHI as intended in Article 5 as the basis for issuance of a Intelligent Implementation Result Note or LPNHI that is submitted to the official that issued the NHI.
(3) Report of the taking of action in paragraph (1) prepared in the format as intended in Attachment VII of this Regulation.
(1) In case of the prosecution found insufficient evidence of administrative violations in the field of customs and/or excise, officials who receive NHI ask to continue fulfill customs and/or excise obligation to the Official who has authority in according to applicable regulations.
(2) In case of the Enforcement result found sufficient preliminary evidence of alleged criminal acts in the field of customs and/or excise, official who received NHI ordered Official as intended in Article 7 paragraph (2) to make a report of alleged criminal incident.
(3) In case of the enforcement was not found sufficient evidence of violations of customs and/or excise, officials who accept NHI stop the action.
(1) The official receiver NHI shall report the implementation of the NHI to the officer that issued the NHI in the LPNHI form as set forth in Attachment VIII of this Regulation than 30 (thirty) days from the date issued NHI.
(2) LPNHI used as the basis for evaluation and analysis of the NHI has been published and used as the basis for updating PDI or Post seizure Analysis.
Official authorized to issue NHI as intended in Article 2 paragraph (2) shall report the implementation of NHI to the direct supervisor to do an evaluation of the effectiveness of the implementation of NHI.
Publishing, reporting, and administration of the NHI are in accordance to procedures set out in Attachment IX of this Regulation.
At the time of enactment of this regulation, the Decree of Director General of Customs and Excise No.: KEP-98/BC/2003 dated March 31, 2003 concerning Intelligent Result Note shall be declared invalid and void.
This Regulation of the Director General shall come into force on the date of stipulation.
Stipulated in Jakarta
On October 26, 2007
DIRECTOR GENERAL,
signed,
ANWAR SUPRIJADI
NIP 120050332