SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 93, 2011 | (Explanation in Additional Sheet Indonesia Republic Number 5241) |
BANK INDONESIA RULES
NUMBER 13 /20/PBI/2011
ABOUT
ACCEPTANCE OF EXPORT RESULT DEVISA
AND
WITHDRAWAL OF FOREIGN DEBT DEVISA
WITH THE GRACE OF THE ALMIGHTY GOD
GOVERNOR OF THE BANK OF INDONESIA,
Weigh: a. that the development of a national economy to realize a fair and prosperous society requires adequate and continuous source of funding;
B. that the source of the funds referred to may be derived from the devisa results of the export and foreign debt devisa;
c. that the devisa results of the export and foreign debt devisa can contribute to the optimal contribution nationally in terms of its placement through Indonesian banking;
D. that devisa export results and foreign debt devisa are also beneficial to support the creation of a healthier financial market and an effort to maintain a stability of rupiah value;
e. that under consideration in the letter a, the letter b, the letter c and the letter d, need to establish the Regulation of the Bank of Indonesia on the Acceptance of the Export Results and the Withdrawal Of Foreign Debt Issuance through the Bank of Devisa;
Given: 1.
Act Number 10 of 1995 on Kepabeanan (the Gazette of the Republic of Indonesia of 1995 No. 75, Additional Gazette of the Republic of Indonesia Number 3612) as amended by Law Of 2006 Number 17 (Sheet State Of The Republic Of Indonesia In 2006 Number 93, Additional Leaf Of State Republic Of Indonesia Number 4661);
2.
Act Number 23 Year 1999 about Bank Indonesia (State Sheet of the Republic of Indonesia Year 1999 No. 66, Additional Gazette Republic of Indonesia Number 3843) as amended several times, Last with Law Number 6 Year 2009 on Establishing Government Regulation Replacement Rule Number 2 Year 2008 on Second Amendment of the 1999 Act No. 23 on Bank of Indonesia into Act (State Sheet) Republic of Indonesia 2009 Number 7, Additional Gazette Republic of the Republic Indonesia Number 4962);
3.
Act Number 24 Year 1999 About The Traffic Devisa And The Exchange Rate System (state Gazette Of The Republic Of Indonesia In 1999 Number 67, Additional Gazette Of The Republic Of Indonesia Number 3844);
DECIDED:
Establish: INDONESIA BANK REGULATIONS ON RECEIPT OF EXPORT OF EXPORT RESULTS AND WITHDRAWAL OF FOREIGN DEBT DEVISAS.
BAB I
UMUM PROVISIONS
Section 1
In Regulation of the Bank of Indonesia this is referred to by:
1. Bank is the General Bank as referred to in the Law Number 7 of 1992 on Banking as amended by Law No. 10 of 1998, including the office of a foreign bank branch in Indonesia, and the General Bank of Sharia as it is It was referred to in Law No. 21 of 2008 on Sharia Banking.
2. Bank Devisa is the Bank which obtained the letter of appointment from Bank Indonesia to be able to conduct banking business activities in foreign exchange, including the foreign bank branch office in Indonesia, but excluding the foreign branch office of the Bank It 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 as set out in the rules of the law. Applicable laws.
4. Export is the activities of issuing goods from the customs area as set up in terms of paeiness.
5. Exporters are individual or body-shaped business entities or non-legal entities that perform the activities of issuing goods from the customs area.
6. Notice of the Export of Goods which is subsequently called PEB is a customs document used for the notification of the export of goods that may be written on the form or electronic media as set forth in the terms of the paeness.
7. Devisa The subsequent Export Results called DHE is a devisa received by the exporter from the results of the Export activity.
8. PEB date is PEB registration date.
9. PEB value is the Export free on board (FOB)value listed on PEB.
10. Day is a calendar day.
11. Work Day is the work day of the Bank of Indonesia.
12. The Foreign Foreign Service (ULN) is a population debt to the non-population of the foreign exchange.
13. The Foreign Debt Debitur ULN is the individual, the legal entity is not a bank, and the other body, which has a ULN.
14. Devisa Utang Outer State which is next called DULN is a devisa obtained by Debitur ULN from the withdrawal of the Foreign Debt.
BAB II
DHE ' S ACCEPTANCE OBLIGATIONS THROUGH THE DEVISA BANK
Section 2
The entire DHE is required to be accepted by the exporter through the Bank of Devisa.
Section 3
(1) The admission of DHE through the Bank of Devisa as referred to in Article 2 is mandatory at most 90 (ninety) days after the PEB Date.
(2) The Reception of DHE through the Bank of Devisa as referred to in paragraph (1), which is done by means of payment of usanceL/C, consignment, later payment, collection, which falls in excess of or equal to 90 (ninety) The day after the PEB date, it is mandatory for at least 14 (fourteen) days after the due date of the payment in question.
Section 4
(1) The exporter must deliver the information listed on the PEB regarding the received DHE, to the Devisa Bank as referred to in Article 2.
(2) The information delivered as referred to in paragraph (1) most less includes PEB Date, Customs Service office password, PEB registration number, and NPWP exporter.
(3) The information as referred to in paragraph (1) is delivered to Devisa Bank at most 3 (three) Work Day after DHE is accepted by the exporter via the Bank of Devisa.
(4) The Bank of Devisa forwarded the information as referred to paragraph (3) to the Bank of Indonesia.
Section 5
(1) The Exporter who will receive DHE by means of payment as referred to in Article 3 of the paragraph (2), must convey a written explanation accompanied by a supporting document 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 the paragraph (1) of the longest 14 (fourteen) Days after the PEB Date.
(3) In the event the exporter does not convey a written explanation as referred to in the paragraph (1) to the time limit as referred to in paragraph (2), the exporter is considered to be performing DHE acceptance as referred to in Article 3 of the paragraph (1).
Section 6
(1) DHE being accepted as referred to in Section 2 must conform to the Value of PEB.
(2) Exporters who receive DHE smaller than PEB Value, must convey a written explanation accompanied by a supporting document to the Bank of Devisa to be forwarded to the Bank of Indonesia.
(3) In terms of less difference between DHE and PEB values as referred to in paragraph (2) due to maclon, repair services, and/or operational leasingor financial leasing, then the accepted DHE is considered to be compatible with the PEB value so that the value of the PEB is not available. The exporter must still deliver a written explanation accompanied by a supporting document.
(4) In terms of difference between DHE and PEB due to administration costs of 10% (ten per hundred) of the PEB or most equivalents of Rp10,000.00 (ten million rupiah), then the accepted DHE is considered to be compatible with PEB Value so the exporter does not need to convey a written explanation and supporting documents.
(5) The written explanation is accompanied by a supporting document as referred to in paragraph (2) delivered to the Bank of Devisa to be passed on to the Bank of Indonesia at the next 5 months after DHE was received by the exporter via Bank Devisa.
(6) In the event the exporter does not convey a written explanation accompanied by a supporting document as referred to in paragraph (2) to the term as referred to in paragraph (5), then the exporter's received DHE is deemed to be unsuitable with PEB and Exporters are deemed to not perform the entire DHE admission through the Devisa Bank.
Section 7
(1) Exporter who does not receive a DHE as referred to in Section 2 or received a DHE smaller than the Value of PEB through the Bank of Devisa as referred to in Article 6 due to the default importer, pailit, or experiencing a force of force (force majeure), must convey a written explanation accompanied by a supporting document to the Bank of Devisa to be forwarded to the Bank of Indonesia.
(2) The written explanation is accompanied by a supporting document as referred to in paragraph (1) delivered the longest 90 (ninety) days after the PEB Date.
(3) The written explanation is accompanied by a supporting document as referred to in paragraph (1) for DHE by means of payment usanceL/C, consignment, then payment, and/or collectionwhich falls in excess of or equal to 90 (ninety) days after the PEBDate, delivered at most 14 (fourteen) Days after the date of the payment due date.
(4) In the event the exporter does not convey a written explanation accompanied by a supporting document as referred to in paragraph (1) with the term as referred to in paragraph (2) or verse (3), then the exporter's received Exporter is considered to be not in accordance with PEB and Exporters are deemed to not perform the entire DHE admission through Devisa Bank.
BAB III
THE MANDATORY WITHDRAWAL OF DULN THROUGH THE DEVISA BANK
Section 8
(1) Each DULN is required to be withdrawn by Debitur ULN through the Devisa Bank.
(2) The Liability of DULN withdrawal by Debitur ULN as referred to in paragraph (1) applies to DULN in the form of cash funds derived from:
a. ULN is based on the loan agreement (loan agreement) in a non revolvingform not used for refinancing;
B.
refinancingfacility difference with old ULN number; and
C. The ULN is based on the debt securities (debt securities)in the form of 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 the Bank of Indonesia.
Section 9
(1) The accumulated value of DULN withdrawates should be equal to the value of the commitment.
(2) In terms of the value of the accumulation of DULN withdrawal through the Bank of Devisa by Debitur ULN is less than a commitment, the ULN Debitur must convey a written explanation to the Bank of Indonesia.
BAB IV
MONITORING OF DHE AND DULN
Section 10
(1) The Bank of Indonesia conducts document research on the exporter ' s compliance with the fulfillment of its DHE acceptance obligations as referred to in Article 2.
(2) In conducting the exporter ' s compliance research as referred to in paragraph (1), the Bank of Indonesia may request written evidence, records, and supporting documents, with or without involving related agencies.
Section 11
(1) The Bank of Indonesia conducts research on the compliance of the Debitur ULN against the fulfillment of DULN ' s withdrawal obligations as referred to in Article 8 paragraph (1).
(2) In conducting the ULN ' s Debitur compliance research as referred to in paragraph (1), the Bank of Indonesia may request evidence, records, and/or supporting documents, with or without involving related agencies.
BAB V
SANCTION IMPOSITION
Section 12
(1) The exporter's violation of liability as referred to in Article 2 and/or Section 3 is subject to administrative sanctions of a fine of 0.5% (five per thousand) of the unaccepted nominal value of DHE through the Bank of Devisa. with a nominal at least Rp10,000.000.00 (ten million rupiah) and at most Rp100.000.00 (one hundred million rupiah).
(2) The introduction of fine sanctions is carried out in the currency of the rupiah by using the central kurs Bank Indonesia on the date of the imposition of fines.
(3) In the event the exporter does not pay administrative sanction as referred to in paragraph (1) and/or does not meet the obligations as referred to in Article 2, imposed suspension of the Export Service in accordance with the regulations Laws regarding the applicable laws and regulations.
Section 13
The ULN Debitur which commits a violation of the obligation as referred to in Article 8 of the paragraph (1) is subjected to administrative sanctions of a fine of Rp10,000.000.00 (ten million rupiah) on any DULN withdrawal.
Section 14
The imposition of sanctions as referred to in Article 12 and Article 13 does not abort the DHE acceptance obligations and the withdrawal of DULN through the Devisa Bank.
Section 15
(1) The payment of the administrative sanction is a fine as referred to in Article 12 and Section 13 is made to the State Kas account located at the Bank of Indonesia.
(2) The implementation of the payment as referred to in paragraph (1) is carried out by the exporter and/or Debitur ULN after receiving a written notice in writing from the Bank of Indonesia by busan to the State Office of Kas.
Section 16
(1) The release of the suspension of suspension of the Export Service as referred to in Article 12 of the paragraph (3), carried out after the Bank of Indonesia received proof of payment of administrative sanctions and/or evidence of DHE receipt through the Devisa Bank.
(2) The proof of payment of administrative sanctions and/or evidence of DHE acceptance through the Devisa Bank as referred to in paragraph (1) is delivered Exporter to Bank Indonesia.
(3) The proof of payment of administrative sanctions and/or evidence of DHE acceptance through the Devisa Bank as referred to in paragraph (2) may be recognized after the Bank of Indonesia does verification.
BAB VI
INFORMATION DELIVERY AND REPORT
Section 17
(1) The procedures of the delivery of information as referred to in Section 4, as well as written descriptions and supporting documents as referred to in Section 5, Section 6, Section 7 and Section 10 are performed in accordance with the provisions of the Bank of Indonesia which govern Regarding the obligations of the exchange of traffic.
(2) The procedures of delivery of the report as referred to in Section 8, as well as written descriptions and supporting documents as referred to in Section 9 and Section 11 are conducted in accordance with the provisions of the Bank of Indonesia governing the obligations of DULN withdrawal reporting.
BAB VII
THE TRANSITION PROVISION
Section 18
(1) DHE acceptance of which is pledged not through the Devisa Bank and/or is associated with the payment of mandatory exporter obligations prior to the effective PBI, is not required to be accepted through Devisa Bank up to 12 (twelve) months After the PBI's expiring.
(2) The Reception of DHE as referred to in paragraph (1) must be reported Exporters to the Bank of Indonesia equipped with a written explanation with the earliest supporting documents 14 (fourteen) days after the PEB Date.
(3) Special to the DHE admission of PEB issued in 2012, the DHE acceptance obligations through the Devisa Bank took effect 6 (six) months after the PEB Date.
(4) The DHE reception derived from the netting bill of the exporter with the exporter's obligation can only be done until 31 December 2012 and is equipped with supporting documents.
(5) The DULN withdrawal from the ULN agreement signed before the enactment of the Indonesian Bank Regulation is not mandatory through the Devisa Bank, except for DULN withdrawations derived from the addition of the ULN plaphone due to the presence of the DULN. the change of the (amendment) agreement signed following the enactment of this PBI.
BAB VIII
CLOSING PROVISIONS
Section 19
The provisions set about the sanctions as referred to in Article 12 and Section 13 go into effect on 2 July 2012.
Section 20
The Bank of Indonesia's regulations entered into force on 2 January 2012.
In order for everyone to know, order the invitational of the Bank of Indonesia Regulation with its placement in the Republic of Indonesia State Sheet.
Set in Jakarta
As of September 30, 2011
INDONESIAN BANK GOVERNOR,
DARMIN NASUTION
Promulgated in Jakarta
As of September 30, 2011
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
PATRIALIST AKBAR
