The Central Regulation Of The Reporting And Analysis Of Financial Transactions Per-Number 12/1.02/ppatk/06/13 By 2013

Original Language Title: Peraturan Pusat Pelaporan dan Analisis Transaksi Keuangan Nomor PER-12/1.02/PPATK/06/13 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51a222a120c032313233373032.html

BN 920-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 920, 2013 CENTRAL REPORTING and ANALYSIS of financial transactions. The report. Financial Transactions. Financial Services Providers. The Ordinance.

HEAD of REGULATORY REPORTING and ANALYSIS of FINANCIAL TRANSACTIONS PER-NUMBER 12/1.02/PPATK/06/13 ABOUT PROCEDURES for the SUBMISSION of FINANCIAL TRANSACTION REPORTS the TRANSFER of FUNDS to and FROM FOREIGN COUNTRIES for a FINANCIAL SERVICE PROVIDER with the GRACE of GOD ALMIGHTY HEAD of REPORTING and ANALYSIS of FINANCIAL TRANSACTIONS, Considering: that in order to implement the provisions of article 25 paragraph (5) of Act No. 8 of 2010 on prevention and eradication of the crime of money laundering and article 16 paragraph (4) Presidential regulation Number 50 in 2011 about Tata The way of the implementation of the central authorities of the reporting and analysis of financial transactions, the need to establish Regulations head of financial transaction reporting and analysis about the procedures for the submission of Financial transaction reports the Transfer of funds to and from Foreign Providers of financial services;
Remember: 1. Act No. 8 of 2010 on prevention and eradication of the crime of money laundering (State Gazette of the Republic of Indonesia Number 122 in 2010, an additional Sheet of the Republic of Indonesia Number 5164);
2. Law number 3 in 2011 about the Transfer of funds (State Gazette of the Republic of Indonesia Number 39 in 2011, an additional Sheet of the Republic of Indonesia Number 5196);
3. Presidential regulation Number 50 in 2011 about the procedures for the implementation of the central authorities of the reporting and analysis of financial transactions;
Decide: define: the SUBMISSION of FINANCIAL TRANSACTION REPORTS the TRANSFER of FUNDS to and FROM FOREIGN PROVIDERS of FINANCIAL SERVICES CHAPTER I GENERAL PROVISIONS article 1 In this Regulation, the head of the PPATK is: 1. a Central reporting and analysis of financial transactions which further shortened the PPATK is an independent agency established in order to prevent and eradicate the crime of money laundering.
2. The financial transaction is a transaction to make or receive placements, deposit, withdrawal, balance transfer, transferring, payments, grants, donations, day care, and/or Exchange over an amount of money or actions and/or other activities related to money.
3. The Fund is: a. cash submitted by a sender to a recipient's Organizers;

b. the money stored in the sender's Account on the organizers of the recipient;

c. the money stored in the account of the organizer of the recipient on the recipient's Other Organizers;

d. the money stored in the beneficiary the recipient end of the Organizer;
e. money stored in the account of the Organizer the receiver allocated for the benefit of recipients who do not have an account on the Providers;
f. overdraft facility (overdraft) or credit facilities given the organizers to the sender; and/or g. money stored in electronic money.
4. Transfer funds to and from foreign countries is the series of events that began with a command from the sender of the original aims to move some funds to and from Indonesia to a recipient outside the area mentioned in the Transfer of funds up to the receipt of Funds by the recipient.
5. The account is a checking account, savings account, checking account, or other forms of recording, both owned by individuals, institutions, or together, which may be debited and/or is credited in the framework of the implementation of the Transfer of funds, including the interbranch Organizers alike.
6. SWIFT (Society for Worldwide Interbank Financial Telecommunication) is a network that can be used by financial institutions to receive and send financial transactions in a format that is standard, secure, and reliable.
7. Orders the Transfer of funds is conditional not commands from the sender to the recipient's Organizers to pay a certain amount to the recipient.
8. Sender (Sender) is the origin of the Sender, the sender's Original Organizers, and all organizers of Successor who publish Command transfers the funds.
9. the Original Sender (Originator) is the party that first issued orders the Transfer of funds.
10. The organizer of the Original Sender is host of the Sender and/or the organizer of the successor of sending Commands Transfer funds.
11. Organizer of the Original Sender is host of the received orders the Transfer of funds from the Original Sender to pay or other Organizers told to pay a certain amount to the recipient.
12. The organizer is organizer of the Original Sender Receiver, organizer of the successor, and/or final Recipient Organizers received orders the Transfer of funds, including the central bank and other Organizers who organizes activities of settlement of payments between the organizers.
13. Organizer of the successor is the organizer of the recipient other than the sender's Original Organizer and organizer of the final Recipient.
14. The final Recipient is the organizer of Organizers who make payments or transfer Funds deliver results to the recipient.
15. Recipient (Beneficiary) is the party that is called in the Command Transfer Fund to receive funds transfer results.
16. PJK include banks, finance companies, insurance companies and insurance brokerage firms, pension funds of financial institutions, securities companies, investment manager, custodian, trustee, organizer of the post, a foreign exchange trader, organizer of the means of payment using the card, the e-money providers and/or e-wallet, cooperative activities save loan, pergadaian, a company engaged in the field of commodity futures trading and the organizer of the business activities of the remittance.
17. Service users are those who use the service PJK.
18. The document is data, recording, or any information that can be seen, read, or heard, which can be issued with or without the help of a means, whether contained on paper or any physical objects other than paper or recorded electronically, including but not limited to: a. the writing, sound, or image;

b. maps, drafts, photographs, or the like;
c. letters, marks, numbers, symbols, or perforation that has meaning or can be understood by people who are able to read or understand it.
19. the officers of the registrant is the officer or employee designated by the reporting Officer to register the PJK, officers of the Liaison Officers, and Administrators to PPATK.
20. The officer is the officer or employee of the reporting set by PJK to report financial transactions Transfer funds to and from foreign countries and are responsible for the correctness and completeness of the contents of the reports and the timeliness of the submission of the report to PPATK.
21. The officer is the Liaison Officer or employee designated by PJK to communication to BEING doing in order to accelerate and simplify the handling of financial transactions Transfer funds to and from foreign countries that have been reported to PPATK.
22. The Administrator is acting Officer or employee designated by PJK to manage the application along with the application user data delivery reports financial transactions Transfer funds to and from foreign countries and setting up a reporting server address (uniform resource locator server) the PPATK.
23. The reporting Application is software provided by PPATK to the PJK in carrying out the obligations of reporting.
24. The registration Application is software provided by PPATK to the PJK registration in order to perform the implementation of the obligations of reporting.
CHAPTER II OBLIGATIONS of REPORTING Part One General article 2 (1) the PJK provides financial transactions Transfer funds to and from foreign countries obliged to submit a report to PPATK.
(2) a compulsory PJK report financial transactions Transfer funds from abroad are: a. the PJK became the organizer of the successor who first received orders the Transfer of funds in the region of Indonesia, when organizers of a successor is not the organizer of the final Recipient; and b. the PJK became the organizer of the final Recipient.
(3) a compulsory PJK report financial transactions Transfer funds Abroad are: a. the PJK became the organizer of the Original Sender; and b. the PJK become organizers of Successor in the country who continued the command Transfer of funds abroad.
Chapter 3 of the report submitted by PJK as referred to in article 2 paragraph (1) includes the following: a. the command Transfer of funds from abroad; and b. the command Transfer of funds abroad.

Article 4 (1) of the report that must be submitted by PJK as referred to in article 3 is the Command Transfer of funds for the benefit of service users.
(2) Funds Transfer Orders as referred to in paragraph (1) be accepted and/or delivered by: a. a written command;
b. electronically, including but not limited to automated teller machine/ATM, phone banking, internet banking, sms banking; and/or c. application of Transfer of funds to and from foreign countries.
(3) the application referred to in paragraph (2) Letter c consists of: a. the application is obtained from the SWIFT;

b. the application obtained through cooperation with the service provider funds transfer; and/or c. other applications used by PJK to Transfer funds to and from foreign countries.
The second part of the information that must be Submitted by PJK Bank article 5 Reports financial transactions Transfer funds from overseas payers with information at least includes the following: a. the identity of the Original Sender (Originator) that contains: 1. full name;

2. account number;

3. account number, if the address is not available on the Original Sender Organizers; and 4. State. b. the identity of the Original sender of the Organizers;

c. the identity of the organizers of the successor, if any;

d. the identity of the final recipient of the Organizers;
e. identity of the recipient (Beneficiary) that contains:

1. full name, account number, date of birth, job, numbers, proof of identity and address of the corresponding ID/KITAS/Passport/other ID card, in case the recipient is an individual person;
2. corporate name, account number, the address of the corresponding sign a list of companies or other proof of identity and line of business, in which case the recipient is a corporation; and 3. full name and address, in case the recipient is a walk in customer; f. date of financial transactions;

g. the value of financial transactions; and h. the currency of origin.

Article 6 Financial transaction reports the Transfer of funds to a foreign country is obligated to include information of at least the following: a. the identity of the Original Sender (Originator) of at least contain: 1. the full name, account number, date of birth, occupation, address of the corresponding ID/KITAS/Passport/identity card and residency identification numbers, driver's license, or passport, in which case the sender is an individual person;
2. corporate name, account number, line of business address appropriate sign a list of companies or other proof of identity and line of business, in which case the sender is a Corporation; and 3. the full name, address of the corresponding ID/KITAS/Passport/identity card and residency identification numbers, driver's license, or passport, in which case the sender is a walk in customer; b. the identity of the Original sender of the Organizers;

c. the identity of the organizers of the successor, if any;

d. the identity of the final recipient of the Organizers;
e. identity of the recipient (Beneficiary) at least contain: 1. the full name;

2. account number;

3. account number, if the address is not available on the Original Sender Organizers; and 4. State. f. date of financial transactions;

g. the value of financial transactions;

h. currency origin; and i. the source of funds if the Original Sender is a Bank Customer PJK.

The third part of the information that must be Submitted by PJK Not the Bank article 7 report of the financial transactions of overseas funds transfers contain information mandatory at least includes the following: a. the identity of the Original Sender (Originator) that contains: 1. full name;

2. account number, when sourced from the account;

3. address, if the phone number is not available on the Original Sender Organizers; and 4. State. b. the identity of the Original sender of the Organizers;

c. the identity of the organizers of the successor, if any;

d. the identity of the final recipient of the Organizers;
e. identity of the recipient (Beneficiary) that contains: 1. full name, account number, the address of the corresponding ID/KITAS/Passport/other ID cards and residency identification numbers, driver's license, or passport, in case the recipient is an individual person; and 2. the Corporation's name, account number, the address of the corresponding sign a list of companies or other proof of identity, in which case the recipient is a corporation; f. date of financial transactions;

g. the value of financial transactions that are accepted in rupiah; and h. the accepted currency.

Article 8 of the financial transaction reports the Transfer of funds to a foreign country is obligated to include information of at least the following: a. the identity of the Original Sender (Originator) of at least contain: 1. the full name, address of the corresponding ID/KITAS/Passport/identity card and residency identification numbers, driver's license, or passport, in which case the sender is an individual person;
2. corporate name and address corresponding signs list the company or other proof of identity, in which case the sender is a Corporation; and 3. full name and address of the corresponding ID/DRIVER'S LICENSE/PERMITS/Passport/other ID card, in which case the person giving Orders the Transfer of funds do the giving of orders on behalf of the other party/beneficial owner. b. the identity of the Original sender of the Organizers;

c. the identity of the organizers of the successor, if any;

d. the identity of the final recipient of the Organizers;
e. identity of the recipient (Beneficiary) at least contain: 1. the full name;

2. account number, when forwarded to the account;

3. bank name;

4. your address, when account numbers are not available on the Original recipient of the Organizers; and 5. State. f. date of financial transactions;

g. the value of financial transactions that are accepted in rupiah; and h. the accepted currency.

Article 9 PJK as referred to in article 2 paragraph (2) and paragraph (3) is obligated to ensure the completeness of information in conducting the Transfer of funds to and from foreign countries.

Article 10 in respect of information referred to in article 6 and article 8 is not met, the sender's Original Organizer compulsory PJK refuses to carry out financial transactions transfer funds.

Article 11 (1) in the case of information referred to in article 5 and article 7 are not met, the successor to the Organizers and PJK PJK Organisers Recipient End can: a. carry out financial transactions transfer funds;

b. refuse to carry out financial transactions transfer funds; or c. delay financial transactions transfer funds;

accompanied by adequate follow-up.
(2) adequate follow-up can be either delivered a report to PPATK.
Article 12 the PJK giving and/or receiving command of financial transactions and Transfer of funds from Abroad to and/or from organizers of the Transfer of funds for the benefit of service users is obligated to record and mengadministrasikan all documents related to the Funds Transfer Orders.

Article 13 implementation of the obligation of submission of Financial transaction reports the Transfer of funds to and from foreign countries does not eliminate the obligation of reporting TKM and/or TKT if it meets one of the elements of TKM and/or TKT.

CHAPTER III PROCEDURES for REPORTING Part One registration, Install, and Upgrade the reporting Application of paragraph 1 of article 14 Registration PJK compulsory registration through Registration Application.

Article 15 the PJK already register Suspicious financial transactions and of financial transactions Cash need not register financial transactions Transfer funds to and from foreign countries.

Article 16 (1) after the registration, authorisation obligatory PJK results registration.
(2) the authorization referred to in subsection (1) is done by signing the registration results by officials authorized PJK.
(3) results of the registration referred to in subsection (1) in the form of a printed registration form of Registration Application.
(4) registration form referred to in paragraph (3) as listed in Annex I which is part an integral part of this regulation.
(5) mandatory PJK convey the results of the registration has been authorized the longest 7 (seven) working days after registering.
(6) a period of 7 (seven) working days calculated from PJK registration until: a. the date of the postmark, if delivered by mail; or b. the date of acceptance by BEING, if delivered by courier.
Article 17 (1) PJK who have obtained a username and password for the reporting of Suspicious financial transactions and of financial transactions Cash need not register again for reporting financial transactions Transfer funds to and from foreign countries.
(2) compulsory registration PJK resetting in the event of: a. change of name upon PJK;

b. merger between 2 (two) or more PJK by way of establishing a new and dissolved the PJK PJK.
c. merger between 2 (two) or more PJK way maintain one of changes and PJK name top PJK defended.
Paragraph 2 of article 18 and Upgrade Install PJK, first carry out the reporting of financial transactions Transfer funds to and from Overseas the Install Application obligatory reporting.

Article 19 (1) mandatory upgrade PJK application in case there are changes to the reporting Application.
(2) a reporting Application Upgrades are implemented by way of doing the install patch downloadable Reporting Application in Application registration.
The second part of the report and delivery Report Charging the paragraph 1 article 20 Report Charging PJK compulsory filling reports financial transactions Transfer funds to and from foreign countries correctly and completely in accordance with the instructions of the Financial transaction reports charging Transfer funds to and from foreign countries as listed in annex II which are part an integral part of this regulation.

Article 21 (1) of the financial transaction reports Charging Transfer funds to and from foreign countries is done through the reporting Application.
(2) the Financial Transaction report Charging the Transfer of funds to and from foreign countries as referred to in subsection (1) is carried out by means of: a. fill the (entry) reports financial transactions Transfer funds to and from foreign Reporting Applications;
b. upload (upload) files of the information systems of the Bank to the PJK Application reporting in XML format; or c. an upload (upload) files of the information systems of the Bank to the Non Application PJK reporting in Microsoft Excel format.
Paragraph 2 of article 22 Report Submission (1) Financial transaction reports the Transfer of funds to and from Abroad are delivered electronically.
(2) the submission of the report referred to in subsection (1) is carried out by sending the report through the reporting Application to telecommunication networks that are addressed directly to the database BEING ABLE, through: a. the client server application b. web based application (3) the PJK submit a report through the web based application does not need to do: a. install the reporting Application as referred to in article 18; and b. the upgrade Application Reporting referred to in article 19 paragraph (2).
(4) the submission of the report referred to in subsection (1) is done by observing the safety factor.
Article 23 (1) PJK can deliver reports financial transactions Transfer funds to and from foreign countries in the non-electronic.
(2) submission of Financial transaction reports the Transfer of funds to and from foreign countries in the non-electronic made in terms of: a. the communication facilities which can be used to deliver reports on transaction transfer funds to and from foreign countries is not yet available electronically in the county seat of PJK; b. communication facilities owned PJK misbehaving technical;

c. the circumstances which significantly causing PJK cannot submit a report of financial transactions Transfer funds to and from foreign countries electronically (force majeure); d. new PJK operating less than 2 (two) months; and/or e. reporting systems in the PPATK suffered damage and/or disruption.
Article 24 (1) the submission of the report of the financial transactions Transfer funds to and from foreign countries in the non-electronic were done by way of submitting reports in the form of data records Reporting Application results in the form of compact disc, flash disk, or other storage facility through service delivery or expedition, courier service, or shipping directly to the Office of the PPATK.
(2) the PJK report financial transactions Transfer funds to and from foreign countries in the non-mandatory e-send a notification letter to the PPATK to each implementation of reporting in a non-electronic.
(3) the notice referred to in subsection (2) as listed in Annex III which is part an integral part of this regulation.
Article 25 (1) delivery of Financial transaction reports the Transfer of funds to and from foreign countries as referred to in article 2 paragraph (1) mandatory delivered 14 (fourteen) days counted from the date of the transaction work done.
(2) a period of fourteen (14) working days referred to in subsection (1) is calculated from: a. the date of the Transfer of funds from financial transactions and Abroad performed up to the date of submission (submit) recorded in automation in the reporting Application for delivery electronically; or b. the date of the Transfer of funds from financial transactions and Abroad performed up to the date of acceptance by service delivery, expedition, postmarked, or the date of acceptance in the PPATK to non-electronic delivery.
The third part Reports on the correction of article 26 (1) mandatory PJK convey correction report financial transactions and Transfer of funds from abroad, the longest of three (3) working days after receiving a notice from the PPATK PJK.
(2) compulsory PJK making corrections report Transactions Transfer funds to and from foreign countries in finding its own error report Transactions Transfer funds to and from foreign countries that have been submitted to PPATK.
(3) the correction referred to in paragraph (1) and paragraph (2) in the form of a report the Transfer of funds to and from foreign countries that are new to the list the number of transaction reports the Transfer of funds to and from foreign countries.
(4) submission of Corrections report referred to in subsection (3) is carried out electronically or non-Web.
Part four additional documents article 27 (1) BEING authorized to ask for additional documents to the PJK associated transaction reports the Transfer of funds to and from foreign countries that have been delivered by PJK.
(2) mandatory additional Documents conveying the PJK as referred to in paragraph (1) the longest 20 (twenty) working days after receiving a written letter from the PJK PPATK.
Article 28 additional documents are delivered in the form of a hardcopy or softcopy.

The fifth part of the Assignment Officer Applicants, officers of the Liaison Officers, Reporters, Officers and Administrators of article 29 (1) mandatory PJK set: a. the officer Applicants 1 (one) person;

b. the officer most Rapporteur 3 (three) persons;

c. Administrator Officer 1 (one) person; and d. the officer Liaison at most three (3) people.
(2) compulsory PJK conveys the name and position of the entire officer referred to in subsection (1) to BEING using the form as listed in Annex I which is part an integral part of this regulation.
(3) the determination of the officer referred to in subsection (1) may be assumed with attention to the aspects of internal control in the operational activities of the PJK.
Article 30 (1) Officer Applicants, officers of the Rapporteur, and the clerk Administrator must maintain the confidentiality of the username and password used to access the reporting Application.
(2) safeguarding the omission referred to in subsection (1) is the responsibility of the officer.
Article 31 in terms of PJK requires more than three (3) officers of the Rapporteur then PJK can add to the number of staff of reporters by first filing a petition letter to the PPATK to approval.

Article 32 (1) in the event of replacement data clerk, clerk, data changes and/or data changes, PJK PJK mandatory replacement and/or convey these changes to the PPATK by filling out the form as listed in Annex I which is part an integral part of this regulation.
(2) delivery of replacement data clerk, clerk, data changes and/or changes executed PJK longest 10 (ten) working days after the turn.
(3) the PJK doing the replacement data clerk, clerk, data changes and/or changes in the obligatory PJK reactivation Application reporting.
(4) the Reactivation as referred to in paragraph (3) is done via repeated activation by using the activation file can be downloaded by the application Administrator at registration.
The sixth Document Storage Article 33 (1) mandatory PJK save document relating to service users who reported to PPATK the shortest 5 (five) years from the end of the business relationship.
(2) in the event the PJK liquidated and/or the Agency ruling disbanded, documents related to the Financial transaction reports the Transfer of funds to and from foreign countries submitted to the authorities managing the appropriate legislation.
(3) the corresponding PJK liquidation Teams or officials designated to do the pemberesan pass on the information to the PPATK or LPP on parties who will manage the documents referred to in subsection (2).
CHAPTER IV PENALTIES Article 34 (1) the PJK does not implement the obligations referred to in article 9, article 10, article 12, article 14, article 16 paragraph (1), article 16 paragraph (5) of article 17, paragraph (2), article 18, article 19 paragraph (1), article 24 paragraph (2), section 26 subsection (1), article 26 paragraph (2), article 27 paragraph (2) of article 29, paragraph (1), article 29 paragraph (2) Article 32, paragraph (1), article 32 paragraph (3), or article 33 paragraph (1), is an administrative sanction.
(2) administrative Sanctions referred to in paragraph (1) can be either: a. a written reprimand;

b. the announcement to the public regarding actions or sanctions; and/or c. administrative fines.
(3) administrative Sanctions referred to in paragraph (1) are defined by BEING based on this rule. (4) the imposition of administrative sanctions by the done LPP or PPATK.

Article 35 the PJK does not implement the obligations referred to in article 2 paragraph (1), of article 4 paragraph (1), article 5, article 6, article 7, article 8, article 20, article 25, paragraph (1) are the administrative sanctions based on Regulations concerning the imposition of sanctions BEING Head of administrative violation against the obligations of reporting.

Chapter V CLOSING PROVISIONS Article 36 Implementing the obligation of reporting financial transactions Transfer funds to and from foreign countries for commercial banks took effect on January 14, 2014.

Article 37 exercise of financial transaction reporting obligations of the Transfer of funds to and from foreign countries for PJK Besides commercial banks took effect on July 1, 2014.

Article 38 of the regulation Head the PPATK began in force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of regulations BEING Head of this with its placement in the news of the Republic of Indonesia.

Established in Jakarta on June 26, 2013 the HEADS CENTRAL REPORTING and ANALYSIS of FINANCIAL TRANSACTIONS, MUHAMMAD YUSUF Enacted in Jakarta on 9 July 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN Attachment: bn920-2013 fnFooter ();