Bank Indonesia Regulation Number 8/13/pbi/2011 2011

Original Language Title: Peraturan Bank Indonesia Nomor 13/20/PBI/2011 Tahun 2011

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f8babb1408504313232323035.html

pbi13-20-2011bt PBI TTG RECEIPT of EXPORT PROCEEDS and the WITHDRAWAL of FOREIGN EXCHANGE FOREIGN DEBT fnHeader (); The text is not in the original format.
Back COUNTRY SHEET Republic of INDONESIA No. 93, 2011 (Additional explanation in the State Gazette of the Republic of Indonesia Number 5241) BANK INDONESIA REGULATION NUMBER 8/13/PBI/2011 ABOUT the RECEIPT of EXPORT PROCEEDS and the WITHDRAWAL of FOREIGN EXCHANGE FOREIGN DEBT with the GRACE of GOD ALMIGHTY the GOVERNOR of BANK INDONESIA, Considering: a. that the development of the national economy to realize a fair and prosperous society requires an adequate source of funding and sustainability;
b. that the source of the funds in question can be derived from export proceeds and foreign exchange foreign debt;
c. that the export proceeds and foreign exchange foreign debt can contribute nationally in terms of optimal placement is done through banking Indonesia;
d. that the export proceeds and foreign exchange foreign debt are also useful to support the creation of a more healthy financial markets and maintaining the stability of the value of the rupiah;
e. that based on consideration in letter a, letter b, letter c, letter d and need to set the regulations of Bank Indonesia concerning the receipt of export proceeds and the withdrawal of foreign exchange Debts Abroad through foreign exchange Bank;
Remember: 1. Act No. 10 of 1995 on Customs (State Gazette of the Republic of Indonesia Number 75 in 1995, an additional Sheet of the Republic of Indonesia Number 3612) as amended by law No. 17 of 2006 (State Gazette of the Republic of Indonesia Number 93 in 2006, an additional Sheet of the Republic of Indonesia Number 4661);
2. Act No. 11 of 1999 on Bank Indonesia (the State Gazette of the Republic of Indonesia year 1999 Number 66, an additional Sheet of the Republic of Indonesia Number 3843) as amended several times, the last by Act No. 6 of 2009 about the determination of the Replacement Government Regulations Act No. 2 of 2008 about the second amendment in the Law Number 23 of 1999 on Bank Indonesia into law (State Gazette in 2009 Indonesia number 7 Additional Sheets, the Republic of Indonesia Number 4962);
3. Act No. 24 of 1999 regarding foreign exchange Traffic And exchange rate System (State Gazette of the Republic of Indonesia Number 67 in 1999, an additional Sheet of the Republic of Indonesia Number 3844);
Decide: define: BANK INDONESIA REGULATION CONCERNING RECEIPT of EXPORT PROCEEDS and the WITHDRAWAL of FOREIGN EXCHANGE DEBT abroad.
CHAPTER I GENERAL PROVISIONS article 1 In this Bank Indonesia Regulation is: 1. The Bank is a public Bank as stipulated in Act No. 7 of 1992 about Banking as amended by Act No. 10 of 1998, including branch offices of foreign banks in Indonesia, and the Public Sharia Banks as stipulated in Act No. 21 of 2008 about Islamic banking.
2. Foreign Exchange Bank was the Bank that acquired the letter designation of Bank Indonesia to perform banking activities in foreign exchange, including branch offices of foreign banks in Indonesia, but not including foreign branches of the Bank are headquartered in Indonesia.
3. A resident is a person, legal entity, or other entities that are domiciled or plan domiciled in Indonesia at least 1 (one) year, including diplomatic staff and representatives of the Republic of Indonesia in Foreign Affairs as provided for in the applicable legislation.
4. Export activity is removing the goods from the customs area as set forth in the provisions of the customs.
5. the exporter is the person or business entity in the form of a legal entity or not legal entities performing activities issued the goods from the customs area.
6. Notification of Export goods are hereinafter referred to as the Customs document is the PEB is used for notification of the execution of the export of goods that could be the writing on the top of the form or electronic media as set forth in the provisions of the customs.
7. Export proceeds hereafter DHE is foreign exchange received from the Exporters export activities. 8. Date of registration is the date PEB PEB.
9. The value of the PEB is export value free on board (FOB) listed on FEB. 10. Days are calendar days.

11. the working day is a work day Bank Indonesia.
12. Foreign debt hereinafter referred to Residents debt is ULN non-residents in foreign currency.
13. The Foreign Debt of the debtor who is hereinafter referred to as the debtor ULN are individuals, legal entities is not a bank, and other agencies, which has a ULN.
14. Foreign Exchange foreign debt which is hereinafter referred to as foreign exchange is earned DULN Debtor ULN of withdrawal of foreign debt.
CHAPTER II OBLIGATIONS of the ACCEPTANCE of the DHE through FOREIGN EXCHANGE BANK article 2 mandatory DHE Entire received by the exporter through a foreign exchange Bank.

Article 3 (1) receipt of DHE through foreign exchange Bank as referred to in article 2 required the longest 90 (ninety) days after date of FEB.
(2) acceptance of the DHE through foreign exchange Bank as referred to in paragraph (1), carried out by way of payment of usanceL/C, consignment, then payment, collection, a maturity exceeding or equal to 90 (ninety) days after the date of the PEB, required 14 (fourteen) days after the due date of the payment in question.
Article 4 (1) Exporters must convey the information listed on the associated PEB DHE is received, to the foreign exchange Bank as referred to in article 2.
(2) information submitted as referred to in subsection (1) at least include dates of FEB, the Customs Service Office password, registration number PEB, and TIN exporter.
(3) the information referred to in subsection (1) is submitted to the foreign exchange Bank of not longer than three (3) working days after DHE received by Exporters through foreign exchange Bank.
(4) foreign exchange Bank forward the information referred to in subsection (3) to Bank Indonesia.
Article 5 (1) an exporter who will receive the payment way DHE as stipulated in article 3, paragraph (2) should deliver a written explanation is accompanied by supporting documents to a foreign exchange Bank to Bank Indonesia forwarded to.
(2) a written Explanation is accompanied by the supporting documents referred to in paragraph (1) was delivered 14 (fourteen) days after the date of FEB.
(3) in case the exporter did not convey a written description referred to in subsection (1) up to the time limit referred to in subsection (2), the exporter is considered acceptance of DHE will perform as stipulated in article 3 paragraph (1).
Article 6 (1) DHE received as referred to in article 2 must correspond to the value of the PEB.
(2) the exporter who receives the DHE is smaller than the value of the PEB, must deliver a written explanation is accompanied by supporting documents to a foreign exchange Bank to Bank Indonesia forwarded to.
(3) in the event of a difference between the less and the value of DHE PEB referred to in subsection (2) because the maklon, service improvements, and/or operational and financial leasing, then leasingatau DHE received are considered according to the PEB so Exporters should still deliver a written explanation accompanied with supporting documents.
(4) in the event of a difference between the less and the value of DHE PEB because administrative fee of 10% (ten per hundred) of a value or most PEB equivalent Rp RP 10,000,000 (ten million dollars), the DHE received are considered in accordance with the Values so that the exporter need not PEB convey a written explanation and supporting documents.
(5) a written Explanation is accompanied by the supporting documents referred to in subsection (2) is submitted to the foreign exchange Bank to Bank Indonesia forwarded to the longest dated 5 months next after the DHE is received by the exporter through a foreign exchange Bank.
(6) in case the exporter did not convey a written explanation is accompanied by the supporting documents referred to in subsection (2) until the period of time referred to in subsection (5), then the received DHE Exporter was deemed incompatible with the PEB and exporters are considered not doing the whole acceptance of the DHE through foreign exchange Bank.
Article 7 (1) an exporter who does not accept DHE as referred to in article 2 or accept DHE is smaller than the value of FEB through foreign exchange Bank as referred to in article 6 for importers of tort, bankrupt, or experiencing a State of force (force majeure), should deliver a written explanation is accompanied by supporting documents to a foreign exchange Bank to Bank Indonesia forwarded to.
(2) a written Explanation is accompanied by the supporting documents referred to in subsection (1) is delivered the longest 90 (ninety) days after date of FEB.
(3) a written Explanation is accompanied by the supporting documents referred to in subsection (1) for the payment way usanceL DHE/C, consignment, then payments, and/or collectionyang maturity exceeding or equal to 90 (ninety) days after the date of the PEB, delivered 14 (fourteen) days after the due date of payment.
(4) in case the exporter did not convey a written explanation is accompanied by the supporting documents referred to in subsection (1) with the period of time referred to in subsection (2) or subsection (3), then the received DHE Exporter was deemed incompatible with the PEB and exporters are considered not doing the whole acceptance of the DHE through foreign exchange Bank.
CHAPTER III OBLIGATIONS of the WITHDRAWING DULN through FOREIGN EXCHANGE BANK article 8 (1) any compulsory DULN pulled by Debtor ULN through foreign exchange Bank.
(2) the obligation of the debtor by the ULN DULN withdrawals as referred to in subsection (1) applies to the DULN cash that comes from:


a. credit agreement ULN (loan agreement) in the form of a non revolvingyang not used for refinancing; b. the difference between facilities refinancingdengan old ULN amount; and c. ULN based on debt (debt securities) in the form of Bonds, Medium Term Notes (MTN's), Floating Rate Notes (FRN), Promissory Notes (PN), and Commercial Paper (CP).
(3) the withdrawal of the DULN referred to in subsection (1) obligatory reported to Bank Indonesia.
Article 9 (1) the value of the accumulated withdrawal DULN must equal to the value of commitment.
(2) in terms of the value of the accumulated foreign exchange Banks through DULN withdrawal by Debtor ULN is smaller than commitments, the debtor must deliver a written explanation of the ULN to Bank Indonesia.
CHAPTER IV MONITORING DHE DULN and article 10 (1) Bank Indonesia do research documents over the compliance of the exporter against the acceptance of the DHE fulfillment of obligations referred to in article 2.
(2) in conducting the research compliance Exporter referred to in subsection (1), Bank Indonesia may ask for written evidence, records, and supporting documents, with or without involving relevant agencies.
Article 11 (1) Bank Indonesia top Debtor compliance conduct research toward fulfillment of obligations ULN DULN withdrawal referred to in article 8 paragraph (1).
(2) in conducting the debtor compliance research ULN referred to in subsection (1), Bank Indonesia may ask for evidence, record, and/or supporting documentation, with or without involving relevant agencies.
Chapter V the IMPOSITION OF SANCTIONS in article 12 (1) an exporter who did the breach of the obligation referred to in article 2 and/or article 3 be penalized with administrative fines in the amount of 0.5% (five per thousand) of the nominal value of the DHE has not been accepted through a foreign exchange Bank with at least $1,000 nominal RP (ten million dollars) and most of Rp RP 100,000,000 (one hundred million rupiah).
(2) the imposition of sanctions and fines made in rupiah currency using the exchange rate of Central Bank Indonesia on the imposition of sanctions and fines.
(3) in case the exporter did not pay administrative sanctions referred to in paragraph (1) and/or do not meet the obligations referred to in article 2, the suspension of sanctions imposed over the export service in accordance with the customs legislation and legislation in force.
Chapter 13 Debtors ULN who did the breach of the obligation referred to in article 8 paragraph (1) be penalized with administrative fines of Rp RP 10,000,000 (ten million dollars) on every withdrawal DULN.

Clause 14 of the imposition of sanctions referred to in article 12 and article 13 does not disqualify the obligation of acceptance and withdrawal DHE DULN through foreign exchange Bank.

Article 15 (1) the payment of administrative fines sanctions as stipulated in article 12 and article 13 deposited to the account of the State Treasury was in Bank Indonesia.
(2) the execution of the payments referred to in subsection (1) done by the exporter and/or Debtor ULN after receiving a written notice from the Bank Indonesia with copy to the Office of the State Treasury.
Article 16 (1) the exemption of sanctions the suspension over the export service as mentioned in article 12, paragraph (3) was done after Bank Indonesia received proof of payment of the administrative sanctions and/or receipt DHE through foreign exchange Bank.
(2) proof of payment of the administrative sanctions and/or receipt DHE through foreign exchange Bank as referred to in subsection (1) is submitted to Bank Indonesia Exporters.
(3) proof of payment of the administrative sanctions and/or receipt DHE through foreign exchange Bank as referred to in paragraph (2) may be recognized after Bank Indonesia do verification.
CHAPTER VI the SUBMISSION of INFORMATION and REPORTS on article 17 (1) the procedure for the submission of the information referred to in article 4, as well as a written explanation and supporting documents referred to in article 5, article 6, article 7 and article 10 is carried out in accordance with the provisions of Bank Indonesia governing foreign exchange traffic reporting obligations.
(2) the procedure for the submission of the report referred to in article 8, as well as a written explanation and supporting documents referred to in article 9 and article 11 is carried out in accordance with the provisions of Bank Indonesia concerning the reporting obligations which govern the DULN withdrawal.
CHAPTER VII TRANSITIONAL PROVISIONS Article 18 (1) the acceptance of the DHE exchanged not through foreign exchange Bank and/or associated with the payment obligation of the exporter that already signed before the enactment of this MATTER, it is not compulsory received through foreign exchange Bank with up to 12 (twelve) months after the enactment of the PBI.
(2) acceptance of the DHE referred to in subsection (1) must be reported to Bank Indonesia Exporters equipped with a written explanation of the accompanied supporting documents 14 (fourteen) days after the date of FEB.
(3) Specialized for the reception of DHE originating from PEB issued in 2012, the acceptance of the obligations of the DHE through foreign exchange Bank in force 6 (six) months after the date of FEB.
(4) the acceptance of the results that come from DHE netting bills with the obligation of Exporters Exporters can only be made up to December 31, 2012 and is equipped with supporting documents.
(5) the withdrawal of the DULN originating from agreements that were signed prior to the enactment of the ULN Regulations Bank Indonesia is not mandatory is done via foreign exchange Bank, except for the withdrawal of the DULN comes from the addition of ceiling ULN due to changes to the agreement (amendment) which is signed after the introduction of PBI.
CHAPTER VIII PROVISIONS COVER article 19 Provisions governing sanctions as stipulated in article 12 and article 13 came into force on July 2, 2012.

Article 20 of the regulation of Bank Indonesia this entered into force on 2 January 2012.

In order to make everyone aware of it, ordered the Bank Indonesia Regulations enactment this by its placement in the State Gazette of the Republic of Indonesia.

Established in Jakarta on September 30, 2011 GOVERNOR DARMIN NASUTION, BANK INDONESIA Enacted in Jakarta on September 30, 2011 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR fnFooter ();