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The Regulation Of Bank Indonesia No. 10/37/pbi/2008 Year 2008

Original Language Title: Peraturan Bank Indonesia Nomor 10/37/PBI/2008 Tahun 2008

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duct (selling agent).

Section 6
.,, (1) The bank is prohibited from giving credit in foreign exchange and/or in rupiah to Nasabah for the benefit of foreign exchange derivatives transactions against the rupiah.
.,, (2) The banning of foreign exchange credits and/or rupiah as referred to in paragraph (1) is excluded for the foreign exchange derivatives transaction against the rupiah performed in the framework of Export/Import Activities.
.,, (3) the granting of foreign exchange credits and/or rupiah for foreign exchange derivatives transactions against the rupiah performed in the framework of Export/Import Activities as contemplated paragraph (2) is mandatory with sufficient document evidence.
.,, (4) The provisions as referred to in paragraph (2) do not apply to foreign parties.

Section 7
.,, (1) The bank is prohibited from giving Cerukan to Nasabah in order of the Foreign Valuta Transaction Against Rupiah.
.,, (2) The bank is prohibited from providing any other facility that can be equated with the Cerukan as referred to in paragraph (1) in the order of the Foreign Valuta Transaction Against Rupiah.

Section 8
The bank is required to complete and provide support documents for the implementation of the transaction as referred to in Article 4 of the paragraph (2), and Section 6.

Section 9
In the framework of the Foreign Valuta Transaction Reporting Against Rupiah, the Bank is guideline to the applicable provisions.

Section 10
In addition to the mandatory meeting of the provisions in this Bank Indonesia Regulation, the Bank that conducts the Foreign Valuta Transaction against Rupiah is mandatory subject to the other applicable Bank of Indonesia provisions.

BAB III
THE SANCTION

Section 11
A bank that commits a violation of the obligations as referred to in Section 2 of the paragraph (2), Section 3 and/or Section 8 is imposed on administrative sanctions:
a. written reprimand;
B. decrease of Bank health level;
c. freezing of certain business activities;
., d. The inclusion of a member of the administrator, a bank employee, a shareholder in the list of people who are prohibited to be the owner and administrator of the Bank; and/or
., e. The dismissal of the Bank and subsequently appointed and appointed a temporary replacement until the general meeting of shareholders or cooperative members of the cooperative appointed a permanent replacement with the approval of the Bank of Indonesia.

Section 12
.,, (1) the Bank that commits a violation of Section 4, Section 5, Section 6 and/or Section 7 is subject to the sanction of each pay obligation of 10% (ten perhundred) of the nominal value of each transaction being violated.
.,, (2) the nominal value of the transaction violated as referred to in paragraph (1) is governed as follows:
.,
., a., a. The violation of the full principal funds transfer obligation as referred to in Article 4 is calculated from the nominal value of the Foreign Valuta Transaction against Rupiah in question;
., b. Violations of the Foreign Valuta Transaction Against Rupiah as referred to in Article 5, calculated from the nominal value of the Foreign Valuta Transaction against Rupiah referred to;
., c. Violation of the credit-granting ban as referred to in Article 6, is calculated from the credit approval rating used for foreign exchange derivatives transactions against the rupiah;
., d. Violations of the prohibition of the Cerukan and/or other facilities that may be exchanged with Cerukan as referred to in Section 7, calculated from the value of the Cerukan and/or any other facility that may be exchanged with the Cerukan which Bank to Nasabah;
.,, (3) The total sanction of the pay obligations as referred to in paragraph (1) the most of Rp27,000,000,000 (twenty-seven billion rupiah) in 1 (one) calendar year.
.,, (4) the calculation of the paid liability sanction as referred to in Article 11 of the paragraph (1) uses the middle date of the Bank of Indonesia's transaction kurs on the date of the breach.

BAB IV
TRANSITION

Section 13
.,, (1) the Bank that conducts a Foreign Valuta Transaction Against Rupiah in the framework of Export/Import or related to Export/Import Activities prior to the enactment of this PBI may forward the transaction referred to up to a contract time fall.
., (2) Transactions as referred to in paragraph (1) that remain outstanding in a contract that falls in time after the expiring PBI may be resolved without the movement of the principal funds between the other through:
.,
., a., a. The acceleration of the solution (early termination) or termination of (unwind) of the Foreign Valuta Transaction Against Rupiah;
., b. Completion of the transaction through the restructuring of the Foreign Valuta Transaction Contract Against Rupiah; dan/or
C. Settlement of the transaction by using the loan funds from the Bank.
.,, (3) The completion of the transaction in the manner referred to in paragraph (2) can be done as long as there is a written agreement between the parties conducting the Foreign Valuta Transaction Against Rupiah.
.,, (4) The completion of the transaction in the manner referred to in paragraph (2), must use the rupiah as long as possible.
.,, (5) The completion of the transaction as referred to in paragraph (2), is required to be supplemented with adequate documents.

Section 14
The provisions set about the sanctions as referred to in Article 11 apply to the Bank which:
., a., a. conduct the completion of the transaction not in the order of the Export/Import Activity as referred to in Article 13; and/or
., b. conduct the completion of the Foreign Valuta Transaction Against Rupiah which is not supported with the appropriate document as referred to in Article 13 of the paragraph (3).

BAB V
CLOSING

Section 15
The Regulation of the Regulation of the Bank of Indonesia is set further in the Indonesian Bank Circular Letter.

Section 16
This Bank of Indonesia Regulation is beginning to apply at the designated date.

In order for everyone to know, order the invitational ofy be extended by extension frequency and the timeframe that matches the conditions faced;
. .5. State Debt Letter, shares and corporate bonds that have been held at least 3 (three) months, if the term of the Foreign Valuta Transaction Against the Rupiah is at least 3 (three) months short and may be extended by extension frequency and the timeframe that matches the conditions faced;
and are required to be supported with evidence of adequate documents.

Section 5
.,, (1) The Bank is prohibited from conducting Foreign Valuta Transactions Against Rupiah if the transaction or potential of the transaction is related to structured product.
., (2) The provisions as referred to in paragraph (1) apply to the Bank as the publisher structured product or the Bank as the seller of the seller structured proon plus the buy-buy kurs, divided by 2 (two).

Article 12
.,, the implementation rules of the other include setting up the document evidence.

Article 13
.,, pretty clear.

Section 14
.,, pretty clear.

Article 15
.,, pretty clear.

Section 16
.,, pretty clear.
style="text-align: center;"> ADDITIONAL
STATE SHEET RI
No. 4945 (Explanation Of 2008 State Sheet Number 198)

EXPLANATION
Above
BANK INDONESIA RULES
NUMBER: 10 /37/PBI/2008
ABOUT
FOREIGN EXCHANGE TRANSACTION AGAINST RUPIAH

I. UMUM

.,, as the central bank mandated legislation to expand the goal of achieving and maintaining the stability of the rupiah, Bank Indonesia formulated a wide range of policies aimed at the achievement of that goal. Meanwhile, the development of advanced and healthy domestic foreign exchange markets is a necessary step in order to improve the role of domestic foreign exchange markets in the achievement of rupiah value stability and support activities the economy as a whole. In this regard, the Bank of Indonesia needs to make improvements to regulations related to the activities of foreign exchange transactions in the domestic market through a strategic and comprehensive approach, in line with efforts to Minimizing foreign exchange transactions against the rupiah is speculative but still supports activity in the rill sector. In addition, in order to raise awareness and the care of the Bank in conducting foreign exchange transactions against the rupiah in the form of derivative transactions, the imposition of sanctions against the offence needs to be carried out proportionally.

II. SECTION BY SECTION

Section 1
.,, pretty clear.

Section 2
.,, Verse (1)
., referred to as the contract is a written confirmation that indicates the occurrence of a transaction that is either dealing conversation, SWIFT/Telex/tested fax confirmation, or other written confirmation.
Verse (2)
., clear enough.

Section 3
.,, referred to as "price annotation (kurs) of the foreign exchange against the rupiah" is the price (kurs) of the buy and/or price (kurs) of the foreign exchange rate against the rupiah set by the Bank and the basis of a deal to conduct the transaction.
The term Nasabah is not a bank of Indonesia.

Section 4
.,, Verse (1)
., in question, the "full principal funds transfer" for the Foreign Valuta Transaction Against Rupiah is a real transfer of funds for each sale transaction and/or a foreign exchange transaction against Rupiah at full value. The nominal transaction or its equivalent.
Verse (2)
.,, the letter a
., referred to as "the extraordinary occurrence (force majeure)" is a circumstance that causes the Bank and/or Nasabah to be unable to fulfill its obligations in accordance with the contract, namely: earthquake, tsunami, erupting volcano, flood, wind Hurricanes, landslides, fires, mass rioting, war, acts of terrorism, labor strikes, delay/delivery of goods, and/or system failures used in transactions.
The "Bank ' s assessment" among others covers the kefrying of the consequences incurred from the force majeure experienced against the Foreign Valuta Transaction against Rupiah.
Evidence of adequate documents is a written document issued by the government, mass media or other communication media.
Letter b
.,, Figure 1
.,, pretty clear
Number 2
., referred to as "venture capital, dictor capital, profit withheld, and sub-ordination of the Bank's sub-ordination calculated in the Bank's minimum capital fulfillment obligations" is as contemplated in the provision of capital provision obligations. minimum of public banks and provisions regarding the general bank ' s minimum capital provision obligations by taking into account the market risk.
Figure 3
., referred to as "direct inclusion" is the planting of funds in the form of shares on companies that do not go through the capital markets.
Figure 4
., clear enough.
Number 5
.,, the term of state debt ownership, stock and corporate bonds of at least 3 (three) months is based on a combined calculation of the valuable letters portfolio (basketball of securities).
The nominal value of the State of the Country, shares, and/or corporate bonds used as the basis of (its underlying) foreign exchange transactions against the rupiah is calculated based on the acquisition price.
The State Debt Letter consists of state bonds and state treasury letters.

Section 5
.,, Verse (1)
.,, referred to as "structured product" is a product that is a combination of various instruments with a foreign exchange derivative transaction against the rupiah, for the purpose of obtaining an additional income (return enhancement), which can be encourage purchase transactions and/or foreign exchange sales against the rupiah for speculative purposes and may lead to a rupiah instability.
Verse (2)
., including the Bank as a seller in this case is the sale of the overseas product (offshore product) which is linked to the foreign exchange against the rupiah.

Section 6
.,, Verse (1)
., referred to as "credit" is the provision of money or a bill that can be equated with it, based on approval or a deal borrowed between the Bank and the other parties that require the borrower to pay off its debt. after a certain period of time with interest-giving, including a takeover of the bill in order of the activities of the debt of debt and the takeover or purchase of credit from other parties.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Verse (4)
., referred to as "foreign parties" is a foreign party as referred to in the provisions of the Bank of Indonesia which regulates the limitation of the rupiah transaction and the granting of credit in the foreign exchange by the Bank.

Article 7
.,, pretty clear.

Article 8
.,, pretty clear.

Article 9
.,, referred to as "the applicable provisions" are the provisions of the Bank of Indonesia which governs regarding the general bank ' s daily report.

Article 10
., referred to as "the provisions of the Bank of Indonesia applicable" between other provisions of the Bank of Indonesia which govern regarding the limitation of the rupiah transaction and the awarding of foreign exchange credits by the Bank of Indonesia which regulates the The purchase of a foreign exchange against the rupiah to the bank.

Article 11
.,, pretty clear.

Article 12
.,, Verse (1)
., clear enough.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Verse (5)
.,, pretty clear
Verse (6)
.,, pretty clear
Verse (7)
.,, pretty clear
Verse (8)
.,, the central Kurs of the Bank of Indonesia is calculated by means of selling the transacti