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Back COUNTRY SHEET Republic of INDONESIA No. 95, 2011 (Additional explanation in the State Gazette of the Republic of Indonesia Number 5243) BANK INDONESIA REGULATION NUMBER 8/22/PBI/2011 ABOUT the OBLIGATION of REPORTING FOREIGN EXCHANGE WITHDRAWAL of FOREIGN DEBT with the GRACE of GOD ALMIGHTY the GOVERNOR of BANK INDONESIA, Considering: a. that the withdrawal of the foreign debt foreign exchange badly needed to support the availability of continuous foreign currency supply in the domestic market and maintaining the stability of the value of the rupiah;
b. that in order for the withdrawal of foreign exchange debts overseas can run optimally, then had set a policy regarding withdrawal of foreign exchange foreign debt;
c. that to support the implementation of policies concerning the withdrawal of foreign exchange foreign debt, needs to be carried out over the monitoring of the withdrawal of foreign exchange foreign debt through the banking Indonesia;
d. that based on considerations as referred to in letter a, letter b, letter c, and the need to establish the Regulations of Bank Indonesia concerning the obligation of Reporting foreign exchange withdrawal of foreign debt.
Remember: 1. Act No. 11 of 1999 on Bank Indonesia (the State Gazette of the Republic of Indonesia Number Tahun1999 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);
2. 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);
M E M U T U S K A N: setting: BANK INDONESIA REGULATION CONCERNING the OBLIGATION of REPORTING FOREIGN EXCHANGE WITHDRAWAL of FOREIGN DEBT.
CHAPTER I GENERAL PROVISIONS article 1 In this Bank Indonesia Regulation, which is: 1. 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.
2. 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.
3. the foreign debt hereinafter the ULN is debt to non-residents, Residents in foreign currency.
4. the foreign debt Debtor hereinafter referred to Debtor ULN is not a legal entity, the individual banks and other entities that have a ULN.
5. Foreign Exchange foreign debt which is hereinafter referred to as foreign exchange is earned DULN Debtor ULN of withdrawal ULN. 6. the Rapporteur DULN is Debtor ULN.
7. The day is labor day Bank Indonesia.
CHAPTER II WITHDRAWAL of FOREIGN EXCHANGE FOREIGN DEBT article 2 Each pulled by the debtor of compulsory DULN ULN through foreign exchange Bank as set forth in the provisions of Bank Indonesia governing withdrawal of foreign exchange debt abroad.
CHAPTER III REPORT of the DULN WITHDRAWAL of article 3 (1) withdrawal of the DULN as stipulated in article 2 compulsory reported by Rapporteur DULN to Bank Indonesia correctly and complete, and on time.
(2) the report referred to in the DULN withdrawal clause (1) using a data report realization of withdrawal ULN provisions stipulated in Bank Indonesia governing the reporting obligations of external debt.
CHAPTER IV TIMEFRAMES REPORT SUBMISSION WITHDRAWAL DULN article 4 (1), reports of the withdrawal of the DULN as stipulated in article 3 of the compulsory submitted to Bank Indonesia every month, with delivery time from the 1st until the 10th of the following month.
(2) the report referred to in the DULN withdrawal clause (1) mandatory accompanied supporting documents which can prove that the withdrawal has been carried out through the DULN foreign exchange Bank.
(3) when the date of the time limit referred to in paragraph (1) falls on a Saturday or holiday, then the withdrawal reports DULN delivered on the next working day.
Chapter V PROCEDURE for SUBMISSION OF REPORTS of the WITHDRAWAL of the DULN article 5 (1) submission of a report to Bank Indonesia DULN withdrawals made through online media, offline media or using the hardcopy.
(2) submission of supporting documents proof of withdrawal to Bank Indonesia DULN using Courier or by mail, facsimile, email or other media.
Chapter 6 Reports containing data DULN withdrawal/individual information submitted to Bank Indonesia are confidential.
CHAPTER VI RESEARCH REPORT TRUTH DULN WITHDRAWAL of article 7 (1) Bank Indonesia researching the truth over the withdrawal of the report presented by the rapporteur DULN DULN.
(2) in case there are doubts over the truth of the withdrawal by the Rapporteur DULN DULN, Bank Indonesia may ask for an explanation to the DULN Rapporteur.
(3) the Description referred to in paragraph (2) presented by Rapporteur DULN to Bank Indonesia of not longer than 6 (six) months from the expiration of the period of liability of delivery of the report.
(4) in the event that the rapporteur did not convey the DULN description up to the period of time referred to in subsection (3), the Rapporteur is not considered withdrawing DULN DULN through foreign exchange Bank.
CHAPTER VII REPORTS WITHDRAWALS of DELIVERY DELAY DULN article 8 (1) in case of the Rapporteur report DULN DULN withdrawal and supporting documents deadline beyond DULN withdrawal delivery reports as referred to in article 4 paragraph (1), then the DULN Rapporteur considered overdue report and supporting documents DULN withdrawal withdrawal DULN.
(2) in the event that the rapporteur did not convey the DULN DULN withdrawal report and supporting documents withdrawing DULN up to 6 (six) months since the deadline for the submission of reports of the withdrawal of the DULN as stipulated in article 4 paragraph (1), the Complainant does not submit a report DULN withdrawal DULN and supporting documents DULN withdrawal.
(3) in the event that the complainant cannot prove DULN DULN withdrawal has been made through the foreign exchange Bank with up to 6 (six) months since the deadline for the submission of reports of the withdrawal of the DULN as stipulated in article 4 paragraph (1), the Rapporteur is not considered withdrawing DULN DULN through foreign exchange Bank.
CHAPTER VIII RELATED WITHDRAWAL WRITTEN EXPLANATION DULN article 9 (1) in case there is an accumulated value DULN drawn by Debtor ULN is smaller than a commitment, then the DULN Rapporteur should deliver an explanation written to Bank Indonesia.
(2) a written Description as referred to in subsection (1) must be submitted to Bank Indonesia most long before the expiry of a period of ULN.
(3) in the event that the rapporteur did not convey the DULN description within the period referred to in subsection (2), then the Rapporteur DULN is not considered withdrawing the difference between the commitment and the accumulation of Foreign Exchange Banks through DULN withdrawal.
CHAPTER IX SANCTIONS of article 10 (1) Rapporteur DULN late withdrawal DULN report referred to in article 8 paragraph (1) of the administrative penalties as set forth in the provisions of Bank Indonesia concerning the reporting obligations that govern foreign debt.
(2) the DULN Rapporteur does not submit a report to Bank Indonesia DULN withdrawal referred to in article 8 paragraph (2) imposed administrative sanctions as set forth in the provisions of Bank Indonesia concerning the reporting obligations that govern foreign debt.
Article 11 (1) Rapporteur DULN late delivering the DULN withdrawal supporting documents referred to in article 8 paragraph (1), administrative sanctions imposed fines of $ 100,000.00 (one hundred thousand rupiah) per day of delay for each rapporteur DULN, with a maximum fine of Rp RP 10,000,000 (ten million dollars).
(2) the DULN Rapporteur did not convey the DULN withdrawal supporting documents as referred to in article 8 paragraph (2), be penalized with administrative fines of Rp RP 10,000,000 (ten million dollars).
Article 12 (1) the payment of fines administrative sanctions referred to in article 10 and article 11 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 Rapporteur DULN after receiving a written notice from the Bank Indonesia with copy to the Office of the State Treasury.
(3) the Rapporteur should deliver DULN photocopy proof of payment of the administrative sanctions fines to Bank Indonesia and the Office of the State Treasury.
CHAPTER X PROVISIONS of TRANSITIONAL Article 13 (1) the obligation of reporting Foreign Exchange Banks through DULN withdrawal stemming from agreements signed prior to the enactment of the ULN Regulations Bank Indonesia is excluded from the reporting obligation, withdrawal DULN.
(2) the provisions referred to in subsection (1) does not apply to withdrawal the DULN comes from the addition of ceiling ULN due to changes to the agreement (amendment), which was signed after the enactment of the regulation of Bank Indonesia.
CHAPTER XI CLOSING PROVISIONS Article 14 Sanctions referred to in article 10 and article 11 came into effect to report withdrawals DULN June 2012 being delivered in July 2012.
Article 15 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 ();