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Regulation Of The Minister Of Finance Number 59/fmd. 011/2013 2013

Original Language Title: Peraturan Menteri Keuangan Nomor 59/PMK.011/2013 Tahun 2013

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STATE NEWS
REPUBLIC OF INDONESIA

No. 399, 2013 MINISTRY OF FINANCE. Bea's In. Government-borne. Telecommunications Equipment.


THE RULES OF THE REPUBLIC OF INDONESIA FINANCE MINISTER
NUMBER 59 /PMK.011/ 2013
ABOUT
THE GOVERNMENT ' S IMPORT DUTIES ON IMPORTS OF GOODS AND
MATERIALS FOR THE MANUFACTURE OF TELECOM EQUIPMENT
FOR THE 2013 BUDGET YEAR

WITH THE GRACE OF THE ALMIGHTY GOD

FINANCE MINISTER OF THE REPUBLIC OF INDONESIA,

Weigh: a.  that in order to meet the provision of goods and/or services to the general interest and improve the competuing of the manufacturing of telecommunications equipment within the country, it is necessary to provide a fiscal incentive to be in the Government's Stage of the Government's import. items and materials by the telecommunications equipment manufacturing industry;
B. that the import of goods and materials for the telecommunications equipment industry has met the criteria for the assessment and provision of goods and materials to be able to be granted Customs under the Government's Office, under the provisions of Article 2 of the Minister's Ordinance Financial Number 7/PMK.011/ 2013 On Government Borne Out Of The Import Of Goods And Materials To Produce Goods And/Or Services For General Interest And Increased Competuses Of The Particular Sector Industry For Budget Years 2013;
c. that in order of the administration of the Customs Service on the import of goods and materials for the telecommunications equipment industry as referred to in the letter b, it has been designated a budget pagu for the administration of the Customs. Government Year of the Budget 2013;
D. that under consideration as referred to in the letter a, letter b, and the letter c, and in order to carry out the provisions of Article 3 paragraph (5) of the Regulation of the Financial Minister Number 7/PMK.011/ 2013 on Bea Login of the Government on the Import of Goods And Materials For Producing Goods And/Or Services For General Interest And Increased Competability Of The Relevant Sector Industry For The 2013 Budget Year, Need To Set The Finance Minister 's Regulation On The Government' s Admission Of The Import Of Goods And Materials For Telecommunications Equipment For The 2013 Budget Year;

Given: 1.  Law No. 10 of 1995 on Kepabeanan (Gazette of the Republic of Indonesia in 1995 No. 75, Additional Gazette of the Republic of Indonesia Number 3612) as amended by Law No. 17 of 2006 (State Sheet) Republic of Indonesia Year 2006 Number 93, Additional Gazette Republic of Indonesia Number 4661);
2. Act Number 17 Year 2003 on State Finance (Sheet State Republic Of Indonesia In 2003 Number 47, Additional Sheet Of State Republic Of Indonesia Number 4286);
3. Act No. 1 Year 2004 on the State Treasury (State Sheet Indonesia 2004 Number 5, Additional Gazette Republic of Indonesia Number 4355);
4. Act No. 19 of 2012 on Budget and State Shopping of the Year of the 2013 Budget (State Sheet of the Republic of Indonesia Year 2012 Number 228, Additional Gazette of the Republic of Indonesia Number 5361);
5. Finance Minister Regulation Number 63 /PMK.05/ 2010 on the Mechanism Implementation And Accountability Mechanism of the Government Service as it has been several times amended last with the Regulation of the Minister of Finance No. 72 /PMK.05/2012;
6. Finance Minister Regulation No. 7/PMK.011/ 2013 on Customs Borne Government Of Imports Of Goods And Materials To Produce Goods And/Or Services For General Interest And Increased Competuation Of The Industry's Most Industries For The Year Of The Budget 2013;

DECIDED:

Setting: REGULATION OF THE MINISTER OF FINANCE ABOUT THE GOVERNMENT ' S IMPORT DUTIES ON IMPORTS OF GOODS AND MATERIALS FOR THE MANUFACTURE OF TELECOMMUNICATIONS EQUIPMENT FOR THE 2013 BUDGET YEAR.

Article 1
In this Minister ' s Rule, which is referred to:
1. The Company is a Company that is included in the industry with the main activities making telecom equipment.
2. Materials and Materials For Telecommunications Appliances Industry that is subsequently called Goods and Materials are goods so, half-goods and/or raw materials, including components to be processed, assembled, or installed, to make equipment telecom by the Company.

Article 2
(1) The Government's Attachments are provided for the importation of Goods and Materials as set forth in the Attachment which is an inseparable part of the Regulation of this Minister.
(2) The Government on the Government Stage as referred to in paragraph (1) is a government-borne tax subsidy expenditure as referred to in the Financial Minister Regulation governing the mechanism of execution and The responsibility of the Bea entered the government's office.
(3) The Government-Held Customs is not provided against:
a.   Goods and Materials subject to customs general fare of 0% (zero percent);
B. Goods and Materials subject to customs tariffs of 0% (zero percent) under agreement or international agreement;
C. Goods And Materials That Are Subject To Anti-Dumping/Customs Anti-Dumping Duties, "Customs Duties", Customs Duties, Duties, Duties, Duties, Duties, Duties, Duties, Duties, Duties, Duties, Duties, Duties, Duties, Duties, Duties, And Other Rights, Duties, Or
D.   Goods and Materials imported by the Company in the Binding Stockpile; or
e. Goods and Materials imported by the Company that get the release facility or the return of duty upon the import of Goods and Materials to be processed, assembled, or installed on other goods with the aim of being exported.
(4) The Government on the Government Stage as referred to in paragraph (1), provided with the highest budget pagu of Rp13,400,000.00 (thirteen billion four hundred million rupiah).
(5) Minister of Finance as General Treasurer of State as Budget User of the Budget Office of the State General Treasurer establishes Director General of the High Technology-Based Excellence Industry, Ministry of Industry as a User Power The budget to carry out payment of tax subsidy spending is paid by the government
(6) The Government of the Government's Budget Entry with the pagu as referred to in paragraph (4) for the Company, specified by the Budget User Power as referred to in paragraph (5).

Article 3
(1) To obtain the Government's Attathered Bea as referred to in Section 2 of the paragraph (1), the Company submits a request to the Director General of Customs and Excise by the Imperation of the approved Goods Import Plan and Signed by Director General of High-tech-Based Flagship Industry, Ministry of Industry.
(2) The Import Plan of Goods as referred to in paragraph (1), at least contains the data elements as follows:
a. number and date of the Import Goods Plan;
B. 2013 Budget Year List number (DIPA) List of Staffing Years (DIPA);
c. Enterprise name;
D. Mandatory Subject Number;
e. address;
f.   the customs office of the goods income;
G. description, type, and technical specifications of the goods;
h. Fare post (HS);
i.   items/unit of goods;
J.   import price forecast;
No, country of origin;
I.   government-borne customs estimates; and
m.name and signature from the Company's leadership.

Section 4
(1) On the request as referred to in Section 3 of the paragraph (1), the Director General of Customs and Excise General grants the consent or rejection in the most prolonged period of 14 (fourteen) days from the request received. complete.
(2) Approval as referred to in paragraph (1) may be partial or partial approval of the Goods and Materials listed in the Import Goods Plan attached to the Company's request as referred to in Article 3.
(3) In the event of a request as referred to in Article 3 of the paragraph (1) approved in part or entirely, the Director General of the Customs and Excise on behalf of the Minister of Finance published the Decree of the Minister of Finance regarding the Admission Of Bea The Government of the importation of Goods and Materials for the manufacture of telecommunications equipment by the telecommunications equipment industry.
(4) In the event of a request as referred to in Article 3 of the paragraph (1) rejected, the Director General of Customs and Excise on behalf of the Minister of Finance delivered a letter of notification of the refusal to the Company by mentioning the reason of rejection.

Section 5
(1) For the realization of the import of the Customs Service in the Government whose implementation is based on the Decree of the Minister of Finance as referred to in Article 4 of the paragraph (3), the Office of Oversight and Customs Service or Service Office The local Customs and Customs Enforcement said that the "CUSTOMS DUTIES ARE BORNE BY THE GOVERNMENT UNDER THE RULES OF THE MINISTER OF FINANCE NUMBER 59 /PMK.011/ 2013" on all Import Pabean Notice sheets.
(2) The approval of the Import Pabean as referred to in paragraph (1), used as the basis for record acceptance of the Customs Enforcement Administration and is allocated as a tax subsidy expenditure in the same amount.

Section 6
(1) In the event there is a difference between the Goods and Materials to be imported with the list of Goods and Materials contained in the Financial Minister ' s Decision as referred to in Article 4 of the paragraph (3), the Company may apply for a to make changes to the Finance Minister's decision.
(2) The request to make changes to the Finance Minister ' s Decision as referred to in paragraph (1), submitted to the Director General of Customs and Excise and is attached to the approved Change Goods Import Plan And it's been put down by.

Section 7
(1) On the request to make changes to the Finance Minister ' s Decision as referred to in Article 6, Director General of Customs and Excise grants consent or refusal in the longest term of 14 (fourteenth) Days are counted since the request was received in complete.
(2) The consent of the request for a change to the Decree of the Minister of Finance as referred to in paragraph (1) may be partial consent or approval entirely.
(3) In the event of a request to make a change to the Decree of the Minister of Finance as referred to in Article 6 approved in part or entirely, the Director General of Customs and Excise on behalf of the Minister of Finance publishes The Finance Minister 's decision on the change to the Finance Minister' s Decision as referred to in Article 4 of the paragraph (3).
(4) In the event of a request to make a change to the Decree of the Minister of Finance as referred to in Article 6 rejected, Director General of Customs and Excise on behalf of the Minister of Finance delivered a notification letter of rejection to the Company by mentioning the reason of rejection.

Section 8
The implementation and accountability of the Government's Responsibilities as referred to in Article 2, implemented in accordance with the provisions of the Finance Minister's Ordinance governing the mechanism of execution and accountability at the Government's Office.

Section 9
(1) Against Goods and Materials acquiring Customs Enforcement, it is mandatory for use by the Company in order to manufacture telecommunications equipment and cannot be transferred to other parties.
(2) Of the misuse of the provisions as referred to in paragraph (1), the Company is required to pay the fees payable plus 2% (two percent) of interest per month at least 24 (twenty-four) months since conducted the realization of the import of Bea entered the Government Stage as referred to in Article 5 of the paragraph (1).

Article 10
The Regulation of the Minister came into effect on the date of the promulcity until 31 December 2013.

For each person to know it, order the invitation of the Order of the Minister with its placement in the News of the Republic of Indonesia.

Specified in Jakarta
on March 11, 2013
FINANCE MINISTER
REPUBLIC OF INDONESIA,

AGUS D.W. MARTOWARDOJO

It is promulred in Jakarta
on 11 March 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN



Attachment: bn399-2013