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Bank Indonesia Regulation Number 14/25/pbi/2012 Year 2012

Original Language Title: Peraturan Bank Indonesia Nomor 14/25/PBI/2012 Tahun 2012

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SHEET COUNTRY INDONESIA

No. 285, 2012 BANKING. BI. Devisa. Export. Acceptance.

INDONESIA BANK REGULATION NUMBER 14 /25/PBI/2012

ON RECEIPT OF EXPORT RESULT

AND THE WITHDRAWAL OF FOREIGN DEBT VISA

WITH THE GRACE OF GOD ALMIGHTY

GOVERNOR OF THE BANK OF INDONESIA,

DRAWS: A. that devisa results for export and foreign debt devisas can be a continuous source of funds for national economic development;

b. that devisa export results and foreign debt devisa can contribute optimally in terms of its placement through banking in Indonesia;

c. that devisa results export and foreign debt devisa as well It is beneficial to support the creation of a healthier financial market and an effort to maintain a stability of the rupiah's value;

d. that monitoring of the receipt of export results export and withdrawal of foreign debt devisa through banking in Indonesia needs to be increased its effectiveness in support of the optimization of export of export results and foreign debt devisas;

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e. that under consideration as in the letter a, the letter b, the letter c, and the letter d, need to rearrange the Regulation of the Bank of Indonesia on the Acceptance of the Export Results and the Withdrawal Of The Foreign Debt Visa;

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. Law No. 23 of 1999 on Bank Indonesia (State of the Republic of Indonesia Year 1999 No. 66, Additional Gazette of the Republic of Indonesia Number 3843) as amended several times, last with Law Number 6 Year 2009 on Establishing Government Regulation Replacement of Law No. 2 Year 2008 on Second Amendment to the Law No. 23 Year 1999 on Bank Indonesia being the Act (State Gazette of the Republic of Indonesia Year 2009 Number 7, Indonesia's Republic of Indonesia Number 4962);

3. Law No. 24 Year 1999 concerning Devisa Traffic and Exchange Rate System (state Gazette of Indonesia in 1999 No. 67, Additional Gazette of the Republic of Indonesia No. 3844);

Decide: ESTABLISHING THE IBM BANK REGULATIONS INDONESIA ON ACCEPTANCE

DEVISA EXPORT RESULTS AND WITHDRAWAL OF FOREIGN DEBT DEVISAS.

BAB I

provisions of UMUM Section 1

In this Bank of Indonesia Regulation referred to: 1. Bank is the General Bank as contemplated in the Invite-

Invite Number 7 of 1992 on Banking as amended with Act Number 10 of 1998, including

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2012, No. 285 3

foreign bank branch offices in Indonesia, and General Bank of Sharia as referred to in Law No. 21 of 2008 on Sharia Banking.

2. Bank Devisa is the Bank which obtained the letter of appointment from the Bank of Indonesia to be able to conduct banking efforts in foreign exchange, including the foreign bank branch office in Indonesia, but does not include the overseas branch office of the Bank. is headquartered in Indonesia.

3. Residents are persons, legal entities, or other bodies domiciled or planned to be domiciled in Indonesia at least 1 (one) years, including representatives and diplomatic staff of the Republic of Indonesia abroad as set out in the regulations. Applicable law.

4. Export is the activities of issuing goods from the customs area as set up in the pabeanness provisions.

5. An exporter is an individual person, legal entity, or other non-legal entity that conducts activities issuing goods from the customs area.

6. The Titipan services company (PJT) is a company that handles express or time-sensitive delivery services, has the permission of hosting services from related agencies, as well as obtaining consent to implement. The paedown activities of the Head of the Customs Service Office and Excise.

7. A PEB Export Notice is a customs document used for the export of export of goods that may be written on an electronic form or form as set forth in the terms of the paeness.

8. The subsequent Export Results for DHE is a devisa of the output of the Export activity.

9. The PEB value is a free on board (FOB) value listed in PEB.

10. The day is a calendar day. 11. Work Day is the work day of the Bank of Indonesia. 12. The Foreign Debt (ULN) is the debt

Population to non-residents in foreign exchange. 13. The next Foreign Debt Debitur called Debitur ULN

is individual, the legal entity is not a bank, and the other body, which has a ULN.

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14. The next Overseas Debt Devisa (DULN) is a devisa obtained by Debitur ULN from the withdrawal of the Foreign Service.

CHAPTER II OF THE ADMISSION OBLIGATIONS OF DHE THROUGH THE BANK OF DEVISA

Article 2

(1) All DHE is mandatory. through Devisa Bank. (2) The DHE acceptance obligations through the Devisa Bank as

referred to paragraph (1) does not apply to: a. The DHE belongs to the government received through the Bank of Indonesia;

or

b. DHE received in cash in the country as long as is evidenced by a written explanation that accompanied an adequate supporting document.

Article 3

(1) The Acceptance of DHE as referred to in Article 2 of the paragraph (1) and Section 2 of the paragraph (2) The letter b is mandatory at the slowest end of the third month after the PEB registration month.

(2) Reception of DHE as referred to in paragraph (1), which is derived from the means of payment usance L/C, consignment, later payment, collection, which falls in excess of or equal to 3 (three) months after the month PEB registration, mandatory for at least 14 (fourteen) days after the date of the corresponding payment due.

(3) In terms of the final limit as referred to the paragraph (1) and the paragraph (2) fall on the holiday, then the DHE receipt can be performed on the next Workday.

Article 4

(1) The exporter must deliver information listed on the PEB relating to the DHE is accepted to the Devisa Bank.

(2) The information as referred to in paragraph (1) is delivered by Devisa Bank to the Bank of Indonesia in the Export transaction details report as referred to in The Bank of Indonesia provisions that govern regarding the traffic reporting obligations.

(3) For the Cash-received DHE as referred to in Article 2 of the paragraph (2) letter b, the exporter must deliver a written explanation accompanied by an adequate support document to the Bank of Indonesia.

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(4) Must pass the information as referred to in paragraph (1) and the written explanation with the supporting document as referred to in paragraph (3) applies to PEB with greater value than USD10,000.00 (ten thousand US Dollars) or its equivalent.

(5) The delivery of the information as referred to in paragraph (1) is at the slowest of the next 5 months after the DHE is received.

(6) The delivery of the written explanation is accompanied by documents supporting as set forth in paragraph (3) is performed at the latest of 5 months next after the PEB registration month.

(7) In terms of the final limit of the delivery of the information as referred to in paragraph (5) and the written explanation accompanied by a supporting document as referred to in paragraph (6) is the holiday then the delivery of information and/or written explanation accompanied by supporting documents may be performed on the next Workday.

Section 5

(1) Exporters who will receive a DHE by means of payment as referred to in Article 3 of the paragraph (2), must convey a written explanation accompanied by with supporting documents to the Bank of Devisa to be forwarded to Bank Indonesia.

(2) The written explanation is accompanied by a supporting document as referred to in paragraph (1) of the slowest date of the next 5 months after the PEB registration month.

(3) In terms of the final limit of the written explanation accompanied by the supporting document as referred to in paragraph (2) is the holiday then the delivery of the written explanation is accompanied by a supporting document may be performed on the Day Next work.

Section 6 (1) DHE is accepted as referred to in Section 2 of the paragraph (1) and

Section 2 of the paragraph (2) of the letter b must conform to the value of PEB. (2) In terms of DHE smaller than PEB values by less than least

many Rp50,000.00 (fifty million rupiah) equivalents then the accepted DHE is considered to be compatible with PEB Values and Exporters do not need to convey an explanation written and supporting documents.

(3) In terms of lack of DHE value with a PEB value greater than the equivalent Rp50,000.000.00 (fifty million rupiah) caused by:

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a. Kurs, discount/rabat, administration, and/or other costs related to international trade, so there is less than 10% (ten per hundred) of PEB values and PEB values of PEB values; and/or

b. maklon, repair services, operational leasing or financial leasing, the difference in goods price assessment at the time of the export agreement at the time of the received goods, the difference in the composition of the goods, the difference in quality of goods, and/or the difference in the quantity of items,

then the received DHE is considered to be compatible with the PEB value if the exporter conveits a written explanation is accompanied by an adequate supporting document.

(4) The written explanation is accompanied by a supporting document as it is referred to in paragraph (3) delivered to Devisa Bank to be forwarded to the Bank of Indonesia the slowest date of the next 5 months after DHE is accepted by Exporter via the Bank of Devisa.

(5) For DHE received cash in the country, the written explanation is accompanied by supporting documents as referred to on verse (3) delivered to the Bank of Indonesia the slowest date of the next 5 months after the PEB registration month.

(6) In the event the exporter does not deliver a written explanation accompanied by a supporting document as referred to in paragraph (3) then DHE being accepted Exporter is deemed to be unsuitable to PEB and Exporter is deemed to be unfulfilling of obligations to perform all DHE acceptance as referred to in Section 2.

Article 7 In the case there is a difference between the PEB data that is delivered Exporter with PEB data received by the Bank of Indonesia from the Directorate General of Customs and Excise (DJBC) then Bank of Indonesia can decide on PEB data that will be made a reference for fulfillment DHE provision.

Section 8 (1) The smaller DHE acceptance of the PEB value caused

netting between the Export invoice with the exporter's obligation is only allowed for netting with the import payment of goods related to Export activities which is concerned, as long as there is a netting agreement between the exporter concerned with the associated imporparty (counterparty).

(2) DHE ' s acceptance of netting as referred to in paragraph (1) is considered to be in accordance with the Value of PEB if the exporter conveits a written explanation is accompanied by an adequate supporting document.

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Article 9

(1) Exporters who received DHE through Bank Devisa are smaller than PEB Value, by less than the equivalent of Rp50,000.000.00 equivalent of importers The default, pailit, or experiencing state force (force majeure), must convey a written explanation accompanied by an adequate supporting document to the Bank of Devisa to be passed on to the Bank of Indonesia.

(2) The exporter is not accepting DHE, or receiving DHE in cash is smaller than PEB Value by less difference greater than the equivalent of Rp50,000.000.00 (fifty million rupiah), which is due to default importer, pailit, or forced state, must convey a written explanation accompanied by an adequate supporting document to the Bank. Indonesia.

(3) The written explanation is accompanied by a supporting document as referred to in paragraph (1) and the verse (2) is delivered the slowest late third month after the PEB registration month.

(4) The written explanation is accompanied by a supporting document as referred to in paragraph (1) and paragraph (2) for the DHE receipt derived from the means of payment usance L/C, consignment, later payment, and/or collection which fall for more than or equal to 3 (three) months after the PEB registration month, delivered the longest 14 (fourteen) days after the date of the payment due.

Section 10

(1) In terms of Export is done through PJT, liabilities as referred to in Article 2 of the paragraph (2), Section 2 of the (2) letter b, Section 3, Section 4, Section 5, Section 6, and Section 9 are the responsibility of the owner of the goods.

(2) PJT must deliver PEB-related information to the owner of the goods.

BAB III

OBLIGATIONS OF THE WITHDRAWAL OF DULN THROUGH THE BANK OF DEVISA

Article 11

(1) Each DULN is required to be withdrawn by Debitur ULN through the Devisa Bank.

(2) The obligation of DULN withdrawal by Debitur ULN as referred to in paragraph (1) applies to a cash-based DULN derived from:

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a. The ULN is based on a credit agreement (loan agreement) in a non revolving form that is not used for refinancing;

b. refinancing facility difference with old ULN numbers; and c. ULN is based on debt securities (debt securities) in the form

Bonds, Medium Term Notes (MTN), Floating Rate Notes (FRN), Promissory Notes (PN), and Commercial Paper (CP).

(3) The DULN withdrawal as referred to in paragraph (1) is required to be reported to Bank Indonesia.

Article 12 (1) The accumulated value of DULN withdrawates should be equal to the value of the commitment. (2) In terms of the accumulated value of DULN withdrawal through the Devisa Bank by

Debitur ULN is less than a commitment, the ULN Debitur must convey a written explanation to the Bank of Indonesia.

CHAPTER IV RESEARCH CORRECTNESS REPORT

Article 13 (1) The Bank of Indonesia conducts research on compliance with

fulfillment of its DHE acceptance obligations as referred to in Section 2 of the paragraph (1) and Section 2 of paragraph 2 (2) the letter b and the Debitur compliance of ULN against the fulfillment of DULN withdrawal obligations as it is referred to in Article 11 of the paragraph (1).

(2) In conducting compliance research as referred to in paragraph (1), the Bank of Indonesia may request evidence, records, and supporting documents, with or without involving related agencies.

CHAPTER V OF THE SANCTION

Article 14 (1) Exporter committing violation of liability

as referred to in Section 2 of the paragraph (1), Section 2 of the paragraph (2) of the letter b, and/or Section 3 are subject to administrative sanctions of a fine of 0.5% (zero comma five percent) of the nominal value of the DHE which is not yet received with the most nominal amount of Rp100.000.00 (one hundred million rupiah) for one month of PEB registration.

(2) In terms of Export is done through the PJT then sanctions fines as referred to the paragraph (1) are imposed on the owner of the goods.

(3) The introduction of fine sanctions is carried out in the currency rupiah by using the middle kurs Bank Indonesia on the date of the sanction of the fine.

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(4) In the event the exporter does not pay the penalty of the fine as referred to in paragraph (1), the sanction of the suspension of the Export Service in accordance with the laws regarding the paeness and regulations Related legislation applicable.

(5) In terms of Export is done through PJT where the owner of the goods does not pay the penalty of the fine as referred to in paragraph (1), the sanction of the suspension as referred to in paragraph (4) is imposed on the items owner.

Article 15

Debitur ULN is committing the offence against The obligation as referred to in Article 11 of the paragraph (1) is imposed on administrative sanctions of a fine of Rp10,000.00 (ten million rupiah) at any withdrawal of DULN.

Article 16 (1) The introduction of the sanctions as referred to in Section 14 of the paragraph (1) and

Section 15 does not abort the compliance obligations of DHE as defined in Section 2 and the withdrawal of DULN through the corresponding Devisa Bank. The provisions referred to in Section 11.

(2) Exporters who remain unqualified DHE acceptance obligations as referred to in paragraph (1) are subjected to suspension of the Export Service in accordance with the laws of the Law. about the applicable law and related laws.

(3) In An Export thing is performed via a PJT, the sanction of the suspension as referred to in paragraph (2) is subject to the owner of the goods.

Article 17

(1) The payment of the administrative sanction is a fine as referred to in Article 14 and Section 15 disseminate to Bank Indonesia.

(2) Further provisions on the terms of the payment of the payment of fines to the Bank of Indonesia are set in the Bank of Indonesia Agreement.

Article 18

The release of the suspension of the suspension of the Export Service as referred to in Article 14 of the paragraph (4) and Article 16 of the paragraph (2), carried out after the Bank of Indonesia receive and conduct verification of the proof of payment of the fine and receipt of the DHE receipt under the provisions of Article 2 of the paragraph (1) and Section 2 of the paragraph (2) of the letter b.

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CHAPTER VI DELIVERY OF INFORMATION AND REPORTS

Article 19 (1) For DHE acceptance, the information delivery procedure

as referred to in Section 4, as well as written explanation and supporting documents as referred to in Section 5, Section 6, Section 8, Section 9, Article 9, and Section 13 is done in accordance with the provisions of the Bank of Indonesia which governs regarding the exchange obligations of the foreign exchange.

(2) For the withdrawal of DULN, the procedure of delivery of the report as referred to in Section 11, as well as written descriptions and supporting documents as referred to in Article 12 and Section 13 is done in accordance with the provisions of the Bank of Indonesia which govern regarding DULN's withdrawal reporting obligations.

BAB VII TRANSITION

Article 20

(1) Accepted DHE Reception not through Devisa Bank as it has been promised its payment through trustee which is outside Indonesia, is not mandatory for the bank Devisa until 30 June 2013.

(2) Acceptance of DHE as referred to in paragraph (1) must be reported Exporter to Bank Indonesia is equipped with a written explanation with a supporting document.

(3) Special for the DHE reception derived from PEB which issued in 2012, DHE ' s admission obligations through the Devisa Bank valid 6 (six) months after the PEB registration month.

(4) The DULN withdrawal from the ULN agreement signed prior to January 2, 2012 is not mandatory via the Devisa Bank, except for DULN withdrawates derived from the addition of ULN plaphones due to changes the agreement (amendment) which was signed after January 2, 2012.

BAB VIII

provisions CLOSING

Article 21 Further provisions of the Bank of Indonesia Regulation are set in the Indonesian Bank Circular Letter.

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Article 22 At the time the Bank of Indonesia Regulation came into effect:

a. Article 12 of Indonesia Bank Regulation No. 13 /22/PBI/2011 on Obligation Reporting Withdrawal of Foreign Debt Devisa (sheet State of the Republic of Indonesia Year 2011 Number 95, Additional Gazette Republic of Indonesia Number 5243);

b. Indonesia Bank Regulation No. 13 /20/PBI/2011 on the Acceptance of Devisa Export and Withdrawal Of Foreign Debt Devisa (sheet Of State Of The Republic Of Indonesia In 2011 Number 93, Additional Gazette Of The Republic Of Indonesia Number 5241); And

c. Indonesia Bank Regulation No. 14 /11/PBI/2012 on Changes to Indonesian Bank Regulation No. 13 /20/PBI/2011 on the Acceptance of the Export Results and Withdrawal Of Foreign Debt Issuance (sheet Of State Of The Republic Of Indonesia In 2012 No. 169, Additional Gazette of the Republic of Indonesia No. 5338),

revoked and declared not in effect.

Article 23 of the Bank of Indonesia Regulation came into effect on 1 January 2013.

In order for everyone to know it, ordering the invitational of the Bank of Indonesia Regulation with its placement in the State Sheet of the Republic of Indonesia.

Set in Jakarta on 27 December 2012 INDONESIAN BANK GOVERNOR,

DARMIN NASUTION

PROMULRED IN JAKARTA ON 27 DECEMBER 2012

MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN

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