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Back NEWS REPUBLIC of INDONESIA No. 806, 2013 CENTRAL REPORTING and ANALYSIS of financial transactions. Information. Request. The Ordinance.
HEAD of REGULATORY REPORTING and ANALYSIS of FINANCIAL TRANSACTIONS NUMBER PER – 08/1.02/PPATK/05/2013 ABOUT REQUESTS for INFORMATION to the CENTRAL REPORTING and ANALYSIS of FINANCIAL TRANSACTIONS with the GRACE of GOD ALMIGHTY HEAD of REPORTING and ANALYSIS of FINANCIAL TRANSACTIONS, Considering: a. that the Article 90 Act No. 8 of 2010 on prevention and eradication of the crime of money laundering regulates cooperation regarding the exchange of information in the form of request , delivery, and acceptance of information, both national and international in scope;
b. that the party associated with the efforts of prevention and eradication of the crime of money laundering and/or other criminal acts related to the criminal offence of money laundering, requiring guidance in requesting information to central reporting and analysis of financial transactions;
c. that based on considerations as referred to in letter a and letter b, need to establish Regulatory head of financial transaction reporting and analysis about information requests to central reporting and analysis of financial transactions;
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 State Gazette Number 5164);
2. 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: REGULATION of the HEAD of the CENTRAL FINANCIAL TRANSACTION REPORTING and ANALYSIS ABOUT INFORMATION REQUESTS to CENTRAL REPORTING and ANALYSIS of financial transactions.
CHAPTER I GENERAL PROVISIONS article 1 in this rule 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 Corporation is a group of people and/or wealth are well organized, well is a legal entity or is not a legal entity.
3. information is data or information which includes your profile or individual person or State corporations, financial data, property, and/or other information owned by PPATK.
4. The Financial Intelligence Unit FIU is abbreviated which further government institutions of a country which has the duty to receive information related to the transaction or suspicious treasures, conduct analysis, and forward the results of the analysis to the relevant authorities.
Article 2 request for information based on these regulations is carried out for the purpose of: a. preventing and eradicating the crime of money laundering and/or other criminal acts related to the criminal offence of money laundering; or b. in support of Government policy in order to realize the Government is clean and free of corruption, collusion, and nepotism in particular for the appointment of officials.
CHAPTER II PROCEDURES for REQUEST for INFORMATION is considered part of the Common article 3 (1) the product BEING covered: a. the results of the analysis;
b. inspection results;
c. recommendations; and d. information. (2) on the basis of this regulation, the peminta can only ask for products as referred to in paragraph (1) letter d.
The second part of the request for information within the country article 4 (1) parties in the country who can request information to the PPATK include: a. law enforcement agencies;
b. the agency authorized to conduct surveillance against financial services providers;
c. the institution in charge of examining the management and financial responsibility of the State;
d. other institutions related to the prevention and eradication of the crime of money laundering or other criminal acts related to the criminal offence of money laundering.
(2) other institutions as referred to in paragraph (1) letter d include institutions that financed or financially comfortable sourced from income and expenditures of the State budget and the budget of income and expenditure area.
Article 5 request for information filed by parties other than as referred to in article 4 paragraph (1) should be based on a memorandum of understanding or formal cooperation.
Article 6 (1) a request for information to the PPATK submitted in writing and signed by: a. the Chief Judge of the Tribunal;
b. the head of State police of the Republic of Indonesia or the head of the regional police force;
c. the Attorney General or Chief Prosecutor;
d. chairmanship of establishments or agencies or commissions in regard to the request submitted by the investigators, in addition to state police investigators of the Republic of Indonesia;
e. leaders, Director or officer-level, or the leader of a unit of work or Office in the institutions of authority to conduct surveillance against financial services providers; f. the leadership of an institution that is in charge of examining the management and financial responsibility of the State; or g. the leadership of other agencies related to the prevention and eradication of the crime of money laundering or other criminal acts related to the criminal offence of money laundering.
(2) in case of a request submitted by the investigators in the Environment Directorate-General of customs and Excise and Directorate of the tax Ministry of finance, the letter requests for information may be submitted in writing and signed by the Director or head of investigation wing Office area.
(3) in the case of the head of State police of the Republic of Indonesia or the head of the regional police force, the Attorney General or Chief Prosecutor, head of a government agency or institution or Commission referred to in paragraph (1) letter b, letter c, letter d and misadventure, signing can be done by the designated officer.
(4) in addition to requirements as referred to in paragraph (1), the filing of a request for information to the PPATK must meet other requirements as follows: a. for the purpose referred to in article 2 letter a, lists the least: 1) the identity of the individual or Corporate person to the full;
2) name of financial service provider or provider of goods and/or services;
3) account or complete entry details about users of the service including but not limited to, the identity, transaction, or the Alliance between financial services providers or providers of goods and/or services with other service users; 4) purpose and reason for request for information;
5 the specific time period) of the requested information;
case 6) position;
7) relationship of the requested information with the prevention and eradication of the crime of money laundering or other criminal acts related to the criminal offence of money laundering; and 8) statement to maintain the confidentiality of the information and use the information received in accordance with the purposes for which it has been approved by the PPATK.
b. for the purposes referred to in article 2 letter b, lists the least: 1) full identity, the individual person;
2) purpose and reason for request for information;
3) statement to maintain the confidentiality of your information and use the information received in accordance with the purposes for which it has been approved by the PPATK; and 4) attach the approval or the power of substitution about the description property of the individual person.
(5) in addition to the Information referred to in subsection (3), the peminta Information can include data or other relevant information.
(6) an example of the format of requests for information are listed in the annex which is part an integral part of this regulation.
The third part Request Information of Foreign Affairs article 7 (1) a request for information from abroad is carried out through the FIU.
(2) a request for information by the foreign agencies to be delivered through the FIU to foreign institutions.
Article 8 a request for information is done on the basis of a memorandum of understanding or formal cooperation and/or good relations based on the principle of reciprocity.
Article 9 information requests as referred to in article 7 paragraph (1) and paragraph (2) should pay attention to the requirements and the general principle of information exchange that apply internationally.
Article 10 information requests can be done either electronically or non electronic.
CHAPTER III INFORMATION REQUEST FULFILLMENT of article 11 (1) BEING examined the completeness of requirements of the request for information referred to in article 6 and article 9.
(2) BEING able to request supporting data and/or clarification of information submitted to a request.
(3) Request supporting data and/or clarification as referred to in paragraph (2) may be made in writing or through discussions, presentations, or meetings of coordination.
Article 12 the head of the PPATK decided fulfillment request information submitted to PPATK.
Article 13 delivery of the fulfillment of the request for information by the PPATK can be done either electronically or non electronic.
Article 14 (1) information provided by the very nature of BEING secret.
(2) Information peminta Parties are responsible for the confidentiality and security of information received.
(3) Information peminta Parties may only use information received in accordance with the purpose and reason for the request of information.
(4) the parties are not allowed to provide Information peminta, forward, and disclose information received to another party without the written consent of the PPATK. (5) the information submitted by the PPATK cannot serve as evidence in examination in the Court of session.
CHAPTER IV MISCELLANEOUS PROVISIONS Article 15 BEING with the peminta Information can work together in developing information technology systems for the realization of the process of request and fulfillment information quickly, accurately, orderly, and safe.
Chapter V CLOSING PROVISIONS article 16 at the time these regulations come into force, then the head of the Center for Regulatory reporting and analysis of financial transactions number: PER-09/1.02/PPATK/11/2009 on the procedures for the exchange of information was revoked and declared inapplicable.
Article 17 this Regulation comes into force on the date of promulgation.
In order to make everyone aware of it, ordered the enactment of this regulation with its placement in the news of the Republic of Indonesia.
Established in Jakarta on May 31, 2013 HEAD of REPORTING and ANALYSIS of FINANCIAL TRANSACTIONS, MUHAMMAD YUSUF Enacted in Jakarta on June 10, 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN Attachment: bn806-2013 fnFooter ();
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