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STATE NEWS
REPUBLIC OF INDONESIA
| No. 920, 2013 | CENTER REPORTING AND ANALYSIS OF FINANCIAL TRANSACTIONS. Report. Financial transactions. The Financial Services Provider. Tata Cara. |
RULE
HEAD OF THE FINANCIAL TRANSACTION REPORTING AND ANALYSIS CENTER
NUMBER PER-12/1.02/PPATK/06/ 13
ABOUT
SET THE WAY TO THE TRANSFER FINANCIAL TRANSACTION REPORT
FUNDS FROM AND ABROAD TO FINANCIAL SERVICES PROVIDERS
BY THE GRACE OF THE ALMIGHTY GOD
HEAD OF THE FINANCIAL TRANSACTION REPORTING AND ANALYSIS CENTER,
Weighing: that to implement the provisions of Article 25 paragraph (5) of the Law No. 8 of the Year 2010 on the Prevention and Eradication Of Money Laundering and Article 16 paragraph (4) of the Presidential Regulation No. 50 of 2011 on Set up the Financial Transaction Manager and Analytics Financial Transaction Analysis, need to establish the Financial Transaction Manager and Financial Transaction Manager Regulation on the Tata Way Delivery Financial Transaction Report (s) Country To Financial Services Provider;
Given: 1.Act No. 8 of 2010 on the Prevention and Eradication Of Money Laundering (sheet Of State Of The Republic Of Indonesia In 2010 Number 122, Additional Sheet Of State Republic Indonesia Number 5164);
2. Act No. 3 of 2011 on the Transfer of Funds (State Sheet of Indonesia Year 2011 Number 39, Additional Gazette of the Republic of Indonesia Number 5204);
3. Presidential Regulation No. 50 Year 2011 on the Tata cara Implementation of the Financial Transaction Center and Analysis of Financial Transactions;
DECIDED:
establish: ORDER DELIVERY OF FINANCIAL TRANSACTION REPORT TRANSFERS FROM AND ABROAD TO FINANCIAL SERVICES PROVIDERS
BAB I
UMUM PROVISIONS
Section 1
In this PPATK Head Regulation, which is referred to:
1. The subsequent Financial Transaction Reporting and Analysis Center (PPATK) is an independent agency that is formed in order to prevent and eradicate money laundering crimes.
2. Financial Transaction is a transaction to perform or receive placement, deposit, withdrawal, transfer, transfer, payment, grant, donation, daycare, and/or exchange for any amount of money or action and/or other activities It's connected to money.
3. The fund is:
a. the cash submitted by the Sender to the Recipient Organizer;
B. money stored in the Sender Account on the Recipient Organizer;
c. The money stored in the Recipient Organizer ' Account on the Host of Other Recipients;
D. Money saved in the Recipient's Account Of The End Recipient's Organizer;
e. Money saved in the Account Holder's Account, which is allocated to the benefit of the recipient who does not have an Account for the Host;
f. The (overdraft) facility or credit facility that the Organizer provides to the Sender; and/or
G. Money saved in electronic money.
4. Transfer of Funds From and Abroad is a series of activities that begin with the order of the Origin Sender which aims to move a number of Funds from and out of the Indonesian territory to the Recipients mentioned in the Grant Transfer Order. To the receiving of the Funds.
5. An Account is a gyro account, a savings account, another account, or other form of record, whether owned by an individual, an institution, or together, which may be debunned and/or readied in the course of the implementation of the Fund Transfer, including An account between the same Host's office.
6. SWIFT (Society for Worldwide Interbank Financial Telecommunication) is a network that can be used by financial institutions to receive and deliver financial transactions in a standard, secure, and reliable format.
7. The Funds Transfer Order is the unconditional order of the Sender to Organizer Recipients to pay a certain amount of Funds to the Receier.
8. Sender (Sender) is the Origin Sender, Host of Origin Sender, and all of the Successor Organizers who publishes the Funds Transfer Order.
9. The Origin Sender (Originator) is the party that first issued the Fund Transfer Order.
10. The Host Host is the Host of Origin Sender and/or the Successor Organizer who is sending the Fund Transfer Order.
11. Host of Origin Senders are Organizers who receive the Transfer Order Fund from the Originating Sender to pay or order other Organizers to pay a certain amount of Funds to the Receier.
12. Recipient's Host is the Host of Origin Sender, Successor Organizer, and/or the End-recipient organizer who receives a Fund Transfer Order, including the central bank and other Organizers that organizes completion activities -Organizing payments.
13. The Organizer Of The Successor Is The Organizer Of The Recipient Other Than The Organizer Of The Originating Recipient And Organizer.
14. The End Recipient ' s Host is the Organizer who made the payment or delivered the transfer funds to the Receier.
15. Recipients (Beneficiaries) are the parties referred to in the Fund Transfer Order to receive the transfer funds.
16. PJK includes banks, financing companies, insurance companies and insurance brokerage firms, financial institution pension funds, securities firms, investment manager, custodian, trustee, postal organizer, foreign exchange dealer, tool organizer payment using the card, organizer e-money and/or e-wallet, the cooperative that does save the loan, pergadaian, moving company in the field of commodity futures trading and the organizer of the shipping activities Money.
17. Service Users are parties that use PJK services.
18. Documents are data, recordings, or information that can be seen, read, and/or heard, which may be issued with or without the assistance of a means, whether written on paper or any physical object other than paper or recorded. electronically, including but not limited to:
a. writing, sound, or image;
B. map, design, photo, or the like;
C. letters, signs, numbers, symbols, or perforations that have meaning or can be understood by people who are able to read or understand it.
19. The registrations officer is the official or employee specified by PJK to register Officer Peke, LiaOfficer Officer, and Administrator Officer to PPATK.
20. Officer Pereporting is an official or employee specified by PJK to report on the Financial Transaction Transfer of the Funds from and Abroad and is responsible for the truth and completeness of the report and timeliness of the report To the PPATK.
21. Contact officer is the official or employee assigned by PJK to conduct communications to the PPATK in order to accelerate and streamline the handling of the Financial Transaction Transfer Fund from and Abroad that has been reported to PPATK.
22. An Administrator is an official or employee assigned by PJK to manage the application and user data of the IBM Business Transfer Service Transfer Service report from and to the Foreign Affairs and the reporting server address settings (uniform resource locator server) PPATK.
23. The reporting application is the software provided by PPATK for PJK in carrying out reporting obligations.
24. Registration Application is a software provided by PPATK for PJK to perform registration in order to perform reporting obligations.
BAB II
REPORTING OBLIGATIONS
The Kesatu section
Common
Section 2
(1) PJK that provides financial transaction Transfer of Funds from and Abroad is required to submit a report to the PPATK.
(2) The PJK that is required to deliver the Fund Transfer Financial Transaction Report From Foreign Affairs is:
a. A PJK Organizer who first accepts the Funds Transfer Order in the Indonesian region, if the Successor Organizer is not the End-recipient Host; and
B. PJK is the Organizer of the Later Recipients.
(3) The PJK that is required to deliver the Fund Transfer Financial Transaction Report To the Foreign Affairs is:
a. PJK which is the Organizer of Origin Sender; and
B. The PJK, which is the Organizer of Information in the United States, has forwarded the transfer of funds to the Foreign Office.
Article 3
The report submitted by PJK as referred to in Article 2 of the paragraph (1) includes:
a. Grant Transfer Orders from abroad; and
b. The Fund Transfer Orders abroad.
Section 4
(1) The Report Required by PJK as referred to in Section 3 is the Fund Transfer Order for the benefit of the Service Users.
(2) The Funds Transfer Order as referred to in paragraph (1) is accepted and/or sent through:
a. written command;
B. Electrons are included but are not limited to automated teller machine/ATM, phone banking, internet banking, texting banking; and/or
c. Application Transfer of the Funds From and To Foreign Affairs.
(3) The application as referred to in paragraph (2) of the letter c consists of:
a. application acquired from SWIFT;
B. application obtained through cooperation with the fund transfer services provider; and/or
c. Other applications used by PJK to Transfer Funds From and To Foreign Affairs.
Second Part
The Obligatory Information Delivered by PJK Bank
Section 5
The Financial Transfer Fund Report of the Foreign Service Transfer is required to contain the least information including:
a. Original Sender ID (Originator) which contains:
1. Full name;
2. Account number;
3. The address, if the account number is not available on the Origin Sender Host; and
4. State.
B. The Organizing Identity Sender's Origin;
c. Identity Organizing identity, if any;
D. Recipient's Host ID;
e. Recipient's identity (
Beneficiary) contains:
1. Complete name, account number, date of birth, job, identity proof number, and address according to KTP/KITAS/other identity cards, in which case the recipient is an individual person;
2. Corporate name, account number, address according to the company list mark or other proof of identity and the field of business, in the case of the recipient of a corporation; and
3. Complete name and address, in the case of the recipient is a walk in customer;
f. Financial Transaction date;
G. Financial Transaction Value; and
h. a currency of origin.
Section 6
The financial transfer of the Fund Transfers to the Foreign Affairs is mandatory for the least of the information to include:
a. Identity Sender Origin (
Originator) at least contains:
1. Complete name, account number, date of birth, job, address according to KTP/KITAS/other identity cards, and the number of residence identity, driving license, or passport, in the event of the Sender is an individual person;
2. Corporate name, account number, field of business address according to company listing or other proof of identity and field of business, in the event of a Sender is a Corporate; and
3. Full name, address according to KTP/KITAS/Paspor/other identity cards, and the identity number of the residence, driving license, or passport, in the event of the Sender is walk in customer;
B. The Organizing Identity Sender's Origin;
c. Identity Organizing identity, if any;
D. Recipient's Host ID;
e. Recipient's identity (Beneficiary) at least contains:
1. Full name;
2. Account number;
3. The address, if the account number is not available on the Origin Sender Host; and
4. State.
f. Financial Transaction date;
G. Financial Transaction Value;
h. the origin of the currency; and
i. the source of the funds if the Origin Sender is a PJK Bank customer.
Third Part
The Mandatory Information Delivered by PJK Is Not The Bank
Section 7
The Financial Transfer Fund Report of the Foreign Service Transfer is required to contain the least information including:
a. Original Sender ID (Originator) which contains:
1. Full name;
2. Account number, if sourced from an account;
3. The address, if the phone number is not available on the Origin Sender; and
4. State.
B. The Organizing Identity Sender's Origin;
c. Identity Organizing identity, if any;
D. Recipient's Host ID;
e. Recipient's identity (
Beneficiary) contains:
1. Full name, account number, address according to KTP/KITAS/Paspor/other identity cards and the holder's identity number, driver's license, or passport, in the case of the recipient is an individual person; and
2. Corporate name, account number, address in the name of the company list or other proof of identity, in the case of the recipient is a corporation;
f. Financial Transaction date;
G. Financial Transaction Value is accepted in the rupiah; and
h. Currency accepted.
Section 8
The financial transfer of the Fund Transfers to the Foreign Affairs is mandatory for the least of the information to include:
a. Identity Sender Origin (
Originator) at least contains:
1. Full name, address to KTP/KITAS/Paspor/other identity cards, and the holder's identity number, driver's license, or passport, in the event of the Sender is an individual person;
2. Corporate names and addresses according to company list tags or other proof of identity, in which case the Sender is Corporate; and
3. Full name and address as per KTP/SIM/KITAS/Paspor/other identity card, in the event of the person who gives the Transfer Order the Fund commits an injunction on behalf of the other party/beneficial owner.
B. The Organizing Identity Sender's Origin;
c. Identity Organizing identity, if any;
D. Recipient's Host ID;
e. Recipient's identity (Beneficiary) at least contains:
1. Full name;
2. Account number, if forwarded to an account;
3. bank name;
4. The address, if the account number is not available on the Host Host; and
5. State.
f. Financial Transaction date;
G. Financial Transaction Value is accepted in the rupiah; and
h. Currency accepted.
Section 9
PJK as referred to in Article 2 of the paragraph (2) and paragraph (3) is required to ensure the completeness of the information in conducting the Transfer of the Funds from and Abroad.
Article 10
In terms of information as referred to in Section 6 and Section 8 is not met, PJK Organizers of the Deliverable Origin refuse to carry out the fund transfer Finance Transaction.
Section 11
(1) In terms of information as referred to in Section 5 and Section 7 is not met, PJK Organizers of the Program and Host PJK Recipients may:
a. implement the fund transfer Finance Transaction;
B. refusing to carry out the fund transfer Finance Transaction; or
c. delay the Financial Transaction transfer of funds;
accompanied by an adequate follow up.
(2) sufficient Tindak may be a relay report to the PPATK.
Article 12
PJK that provides and/or accepts the Finance Transfer of the Funds Transfer Order from and Abroad to and/or from the Organizing Funds Transfer to the benefit of the Service User is required to record and administer the entire document It's related to the Dana Transfer Order.
Section 13
The implementation of the obligation of delivery of the Financial Transaction Transfer Service report from and Abroad does not eliminate the TKM and/or TKT reporting obligations if it meets any of the TKM elements and/or TKT elements.
BAB III
SET UP THE REPORTING WAY
The Kesatu section
Registration, Install, and Upgrade Application Reporting
Paragraph 1
Registration
Section 14
PJK is required to register via the Registration Application.
Section 15
PJK that already registered Suspicious Financial Transaction and Financial Transaction Tunai does not need to register a Financial Transaction Transfer Transaction from and Abroad.
Article 16
(1) After performing a registration, PJK is required to authorize registration results.
(2) Authorization as referred to in paragraph (1) is carried out with the signing of the registration results by the authorized PJK officials.
(3) The registration results as referred to in paragraph (1) are a registration form printed from the Registration Application.
(4) The registration form as referred to in paragraph (3) as set forth in Appendix I which is an inseparable part of this Regulation.
(5) PJK must submit a registration result that has been authorized at most than 7 (7) days after the registration.
(6) The workday 7 (seven) days of work is calculated since the PJK does registration until with:
a. post-stamp date, if delivered by mail; or
B. the date of acceptance by the PPATK, if delivered via courier.
Article 17
(1) PJK that has acquired username and password for Suspicious Financial Transaction Reporting and Tunai Financial Transaction does not need to register back for Financial Transfer Transaction reporting From and out of the country.
(2) The PJK is required to reregister if it occurs:
a. change name over PJK;
B. Merger between 2 (two) or more PJK by setting up a new PJK and dissolving the other PJK;
c. merge between 2 (two) or more PJK by retaining one of the PJK and a change in name for the PJK is retained.
Paragraph 2
Install and Upgrade
Section 18
PJK who first implemented the Financial Transaction Transfer Fund reporting from and Abroad is required to perform
Install Application Reporting.
Article 19
(1) PJK is required to perform
upgrade applications in the event of a change of Reporting Application.
(2) Upgrades The Reporting application is executed by performing install patch of a download application in the Registration Application.
Second Part
Report and Delivery Report
Paragraph 1
Report charging
Section 20
PJK is required to fill the Fund Transfer Fund report from and Abroad properly and complete according to the order of the order of the Financial Transaction Transfer Service report from and to the Foreign Office
as set forth in Annex II which is an inseparable part of this Regulation.
Article 21
(1) The filing of the Financial Transaction Transfer of the Fund from and Abroad is conducted through the Reporting Application.
(2) The filing of the Financial Transaction Transfer Fund from and Abroad as referred to in paragraph (1) is done in a way:
a. populate (entry) Financial Transaction Transactions reports from and Abroad to the Reporting Application;
B. upload (upload) files from the PJK Bank information system to the Reporting Application in XML format; or
c. uploading (upload) files from the PJK Non Bank information system to the Reporting Application in Microsoft format Excel.
Paragraph 2
Report delivery
Section 22
(1) The Financial Transaction Transaction Report Fund Transfer of and Abroad is delivered electronically.
(2) The delivery of the report as referred to in paragraph (1) is done by means of submitting a report via the Reporting Application to the telecom network directed directly to database PPATK, through:
a. client server application
B. web based application
(3) PJK who delivered the report via web based application does not need to do:
a. install Application Reporting as referred to in Article 18; and
B. upgrade Application Reporting as referred to in Article 19 of the paragraph (2).
(4) The delivery of the report as referred to in paragraph (1) is performed with regard to security factors.
Section 23
(1) PJK may deliver the Financial Transaction Transactions report of Funds From and Abroad non-electronically.
(2) Delivery of Finance Transfer of the Financial Transaction Transaction Report from and Abroad non-electronic is conducted in the event:
a. a communication facility that can be used to deliver funds transfer transactions from and to overseas electronically is not available in the PJK seat area;
B. The PJK-owned communication facility has a technical breakdown;
c. The circumstances of which are real to cause PJK to be unable to deliver the Financial Transaction Transfer Fund report from and Abroad electronically (force majeure);
D. New PJK operates less than 2 (two) months; and/or
e. The reporting system in PPATK sustained damage and/or disruption.
Section 24
(1) Delivery of Finance Transfer of the Financial Transaction Transfer Report from and Abroad non-electronics are conducted by submitting a report in the form of data recording results of the Reporting Application that is compact disk, flash disc, or other storage means through delivery services or expeditions, courier services, or delivery directly to the PPATK office.
(2) PJK that delivered the Financial Transaction Transfer Fund report from and To Foreign Affairs non-electronics is required to send a notification letter to the PPATK for any non-electronic reporting execution.
(3) The notification letter as referred to in paragraph (2) as set forth in Appendix III which is an inseparable part of this Regulation.
Section 25
(1) The delivery of the Financial Transaction Transfer Service report from and Abroad as referred to in Section 2 of the paragraph (1) is mandatory at least 14 (fourteen) days of work as of the date of the Transaction.
(2) The term of 14 (fourteen) business days as referred to in paragraph (1) is calculated since:
a. The Cloud Service Transfer of the Financial Transaction from and Abroad is conducted until the date of delivery (submit) that is recorded automatically in the Reporting Application for the delivery of an electronic transfer; or
B. The transfer of the Financial Transaction Transfer Service from and Abroad is made up to the date of acceptance by the delivery services, the expedition, the postmark, or the date of acceptance at the PPATK for non-electronic shipping.
Third Part
Report correction
Section 26
(1) PJK is required to deliver a correction of the transfer of the Financial Transaction Transfer Fund from and to the Foreign Affairs at most 3 (three) business days after the PJK received notice of the PPATK.
(2) PJK is required to make a correction of the Funds Transfer Transaction report from and to the Foreign Affairs if it finds itself an error on the report of the Transfer of Funds from and To the Foreign Affairs which has been delivered to the PPATK.
(3) Correction as referred to in paragraph (1) and paragraph (2) of the new Funds Transfer Report From and To the new Overseas by listing the report number of the Fund Transfer of Funds From and to the old Foreign Affairs.
(4) The report of a correction of the report as referred to in paragraph (3) is performed electronically or non-electronis.
The Fourth Part
The Additional Document
Section 27
(1) PPATK is authorized to request additional Documents to PJK related to the Funds Transfer Transaction report from and To the Foreign Affairs which PJK has delivered.
(2) The PJK is required to deliver an additional Document as referred to in paragraph (1) at most 20 (twenty) business days after PJK received a written letter from the PPATK.
Section 28
Additional documents are delivered in the form
hardcopy or
softcopy.
Fifth Part
Listing Officer, Officer, Officer, Contact Officer,
and Administrator Officer
Section 29
(1) PJK is required to specify:
a. Officer 1 (one) person;
B. Officer of the Report at most 3 (three) persons;
C. Officer Administrator 1 (one) person; and
D. Third-person liaison officer 3 (3) people.
(2) PJK is required to deliver the name and title of all officers as referred to in paragraph (1) to the PPATK by using the form as set forth in Annex I which is an inseparable part of this Regulation.
(3) The officer's penetration as referred to in paragraph (1) can be captured by regard to the aspect of internal control in the operational activities of PJK.
Section 30
(1) Registrations Officer, Officer Reporting, and Officer Administrator must maintain the confidentiality of username and password which is used to access the Reporting Application.
(2) The force of keeping the secrecy as contemplated in verse (1) becomes the responsibility of the officer.
Section 31
In terms of PJK requires more than 3 (three) Officers of PeReport then PJK can add to the number of Officer Officers by first applying for a letter to the PPATK to get approval.
Section 32
(1) In the event of officer data replacement, officer data changes, and/or PJK data changes, PJK is required to convey the replacement and/or change to the PPATK by filling the form as set forth in the Appendix I which is an inseparable part of this Regulation.
(2) Delivery of officer data replacements, officer data changes, and/or PJK data changes are carried out at least 10 (ten) business days after the change.
(3) PJK that performs officer data replacements, officer data changes, and/or PJK data changes are required to reactivation on the Reporting Application.
(4) The Reactivation as referred to in paragraph (3) is performed via reactivation using the activation file that can be downloaded by the Administrator Officer at the Registration Application.
Sixth Part
Document Storage
Section 33
(1) PJK is required to store Documents relating to Service Users reported to PPATK at least 5 (five) years since the end of the business relationship.
(2) In the case of PJK liquidation and/or its legal entity is dissolved, documents related to the Financial Transaction Transfer Fund report from and Abroad are handed over to the authorities who are administing to the authorities. It's
(3) The PJK liquidation team in question or an official appointed to perform the information to pass the information to the PPATK or the LPP regarding the party that will administer the Document as referred to in paragraph (2).
BAB IV
THE SANCTION
Section 34
(1) PJK that does not carry out the obligations as referred to in Article 9, Section 10, Section 12, Section 14, Section 16 of the paragraph (1), Section 16 of the paragraph (5), Section 17 of the paragraph (2), Article 18, Article 19 of the paragraph (1), Section 24 of the paragraph (2), Article 26 of the paragraph (1), Section 26 of the paragraph (2), Article 27 of the paragraph (2), Article 29 of the paragraph (1), Section 29 of the paragraph (2), Article 32 of the paragraph (1), Section 32 of the paragraph (3), or Article 33 of the paragraph (1), is subject to administrative sanction.
(2) administrative sanctions as referred to in paragraph (1) may be:
a. written reprimand;
B. the announcement to the public regarding the actions or sanctions; and/or
c. administrative fine.
(3) administrative sanctions as referred to in paragraph (1) are specified by the PPATK under this Regulation.
(4) The introduction of administrative sanctions is carried out by the LPP or PPATK.
Section 35
PJK who does not perform the obligations as referred to in Section 2 of the paragraph (1), Section 4 of the paragraph (1), Section 5, Section 6, Section 7, Section 8, Section 20, Section 25 of the paragraph (1), subject to administrative sanction under the Chief PPATK Regulation concerning the laws of the United States. administrative sanction charges against violation of reporting obligations.
BAB V
CLOSING PROVISIONS
Section 36
Implementation of the Financial Transaction Transfer Service reporting obligation of and Abroad to the General Bank entered into force on 14 January 2014.
Section 37
Implementation of the Financial Transaction Transfer Fund reporting obligations from and Abroad to PJK other than the General Bank entered into force on 1 July 2014.
Section 38
The rules of the Head of PPATK begin to apply on the date of promulgations.
So that everyone knows it, ordering the invitational of the Chief of PPATK Regulation with its placement in the News of the Republic of Indonesia.
Specified in Jakarta
on June 26, 2013
HEAD OF THE REPORTING CENTER AND
FINANCIAL TRANSACTION ANALYSIS,
JOSEPH MUHAMMAD.
It is promulred in Jakarta
on 9 July 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
Attachment:
bn920-2013
