Regulation Of The Minister Of Finance Number 45/fmd. 06/2013 2013

Original Language Title: Peraturan Menteri Keuangan Nomor 45/PMK.06/2013 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51637ca020b70e313233353137.html

BN 360-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 360, 2013 the MINISTRY of finance. The Principles Recognize. Auctioneer. Prevention. The Crime Of Money Laundering. The application of the REGULATION of the MINISTER of FINANCE of the REPUBLIC of INDONESIA NUMBER 45/FMD. 06/2013 REGARDING the APPLICATION of the PRINCIPLE of RECOGNIZING SERVICE USERS for the AUCTIONEER with the GRACE of GOD ALMIGHTY the MINISTER of FINANCE of the REPUBLIC of INDONESIA, Considering: that in order to implement the provisions of article 18 paragraph (1) of Act No. 8 of 2010 on prevention and eradication of the crime of money laundering, the need to set a regulation of the Minister of Finance on the implementation of the principle of Recognizing service users for the Auctioneer;
Remember: 1. Act No. 8 of 2010 on prevention and eradication of the crime of money laundering (State Gazette of the Republic of Indonesia Number 122 in 2010, an additional Sheet of the Republic of Indonesia Number 5164);
2. Presidential regulation Number 95 in 2006 about the Organization and the work of Institutions in the Environment Department of finance Vertical as amended Presidential Regulation number 22 in 2007;
3. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministries has changed several times as the last presidential regulation Number 92 in 2011 (State Gazette of the Republic of Indonesia in 2011 Number 142);
4. Regulation of the Minister of finance Number 176/FMD. 06/2010 about Auctioneer;
5. Regulation of the Minister of finance Number on 195/FMD. 01/2010 about the Organization and the work of the Ministry of Finance;
6. Regulation of the Minister of finance Number 170/FMD. 01 2012 about the Organization and governance of Employment Agency Directorate General Vertical Wealth countries;
Decide: define: REGULATION of the MINISTER of FINANCE on the IMPLEMENTATION of the PRINCIPLE of RECOGNIZING SERVICE USERS for the AUCTIONEER.

CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Minister, is: 1. the Minister is the Minister of Finance of the Republic of Indonesia.
2. the Director-General of the country's Wealth, which is hereinafter referred to as the Director-General is the Official unit of Echelon I in the Environment Ministry of finance which has the task of formulating and implementing the policies and technical standards in the field of wealth State, accounts receivable of State and the auction in accordance with policies established by the Minister of finance.
3. The Director of the Auction, hereinafter called the Director is one of the Official units of the Echelon II in the Environment Directorate of the wealth of the country which has the task of carrying out the preparation, standardization activities and formulation of technical guidance, evaluation and implementation of the construction planning the auction, inspection, supervision, and coaching the performance in the field of technical policy based auction set by the Director General.
4. The head of the Regional Office of the Directorate General of State Wealth, hereinafter called the head of the regional office, is the Official Agency of the country Wealth Directorate of verticals that are under and is responsible directly to the Director General of the country's Wealth.
5. The central reporting and analysis of financial transactions hereinafter abbreviated PPTAK is an independent agency established in order to prevent and eradicate the crime of money laundering.
6. the Auctioneer is a legal entity Indonesia shaped limited liability company (PT) specifically established to conduct business activities in the field of auctions. 7. Service users are the owners of the goods, the seller, and the buyer using the services of Auctioneer.
8. The principle of Recognizing service users is the principle that is applied in order to know the Auctioneer profile, characteristics, as well as patterns of Transactions with service users perform the duty as specified in the regulations of the Minister.
9. The purchaser is the person or legal entity/business entity that submits the highest bid and confirmed as the winner of the auction by auction officials.
10. Transactions are all activities which give rise to the rights and/or obligations or cause the onset of legal relationship between two or more parties.
11. Financial transactions is a transaction in order to make or receive placements, deposit, withdrawal, balance transfer, transferring, the payment of grants, donations, day care, and/or Exchange over an amount of money or actions and/or other activities related to money.
12. The auction Transaction is a transaction that is related to the implementation of the auction to make or receive the remittance, balance transfer, transferring, payment or action and/or other activities related to money.
13. The document is data, recording, or any information that can be seen, read, or heard, which can be issued with or without the help of a means, whether contained on paper or physical objects are anything other than paper or recorded electronically, including but not limited to: a. the writing, sound, or image;

b. maps, drafts, photographs, or the like;
c. letters, marks, numbers, symbols, or perforation that has meaning or can be understood by people who are able to read or understand it.
14. Evaluation of compliance is a series of activities the Agency supervisors and Managers as well as BEING ABLE to ensure compliance with reporting obligations upon the Complainant Parties according to Act No. 8 of 2010 on prevention and eradication of the crime of money laundering by issuing provisions or guidelines on reporting, audit compliance, monitoring, and reporting obligations of wearing the sanctions.

CHAPTER II PRINCIPLES RECOGNIZE the USER SERVICES Section I General article 2 (1) the Auctioneer is obligated to apply the principle of Recognizing service users based on ministerial regulation.
(2) the principle of Recognizing service users referred to in subsection (1) include the following: a. the identification of the user services;

b. verification of service users; and c. the auction Transaction Monitoring.
(3) the obligation of applying the principle of Recognizing service users referred to in subsection (2) is performed when there are Auction Transactions conducted by service users with the rupiah currency and/or foreign currencies whose value is at least or equivalent to Rp RP 100,000,000 (one hundred million rupiah).
The second part of the identification of the User Services Section 3 (1) Auctioneer is obligated to request information and documents to the users of the service at least includes identity as follows: a. for individual service users contain: 1. name;

2. date of birth;

3. number of identity documents; and 4. address.
b. to service users in the form of Corporations contain: 1. the name of the Corporation;

2. the form of the Corporation;

3. line of business; and 4. address and telephone number of the Corporation.
(2) the identity of the user of the service referred to in subsection (1) is evidenced by the population sign card, passport or driving licence to individual service users or the decision letter of endorsement of the Corporation has been incorporated in terms of the law for service users in the form of Corporations.
(3) prior to requesting information and documents to the users of the service referred to in subsection (1), the Auctioneer is obligated to ensure the service users acting for themselves or for and on behalf of others.

Article 4 (1) in case of service users Transact most Auctions a bit or equivalent to Rp RP 500.000.000,-(five hundred million rupiah), the Auctioneer is obligated to request information and documents to the users of the service are as follows: a. for individual service users at least includes: 1. the identity of the user of the service that contains: a) the residency or passport identification numbers;

b) full name;

c) nationality;

d) address of residence listed in the identity card;

e) current residence address including the telephone number if applicable;

f) address in the country of origin in case of foreign citizens;

g) place and date of birth; and h) the identity of the giver of power. 2. work;

3. source of funds; and 4. the purpose of the transaction.
b. to service users in the form of the Corporation at least includes: 1. the identity of the user of the service that contains: a) the number of corporate endorsement of the Decree have been incorporated in terms of the law;

b) corporate name;

c) corporate form;

d) line of business;

e) corporate address and phone number; and f) identity of the giver of power. 2. source of funds;

3. the purpose of the transaction; 4. information and the parties appointed has the authority to act for and on behalf of the Corporation. (2) the Auctioneer is obligated to examine the truth of the identity documents of users of the service and/or the identity of the giver of power.

The third part Verification Service users section 5 (1) Auctioneer is obligated to verify the documents.
(2) the Auctioneer may request information to service users to know the truth of formal Documents as referred to in paragraph (1).
(3) in case there are any doubts, the Auctioneer is obligated to ask for supporting documents issued by the authorities to service users.
Part four article 6 Auction Transaction Monitoring (1) the Auctioneer is obligated to perform monitoring transactions made by users of the service.
(2) monitoring of the Transactions referred to in subsection (1) is done by looking at how payment Transactions both in cash or non cash, nominal transactions, and/or the date of the transaction.
(3) monitoring of Transactions referred to in subsection (1) done to the transactions carried out for the benefit of users of the services or the giver of power (beneficial owner).
CHAPTER III ADMINISTERING DOCUMENTS article 7 (1) the auction Hall menatausahakan Documents the entire service users and other parties involved in the shortest period of 5 (five) years since the auction Transactions.
(2) The documents referred to in subsection (1) at least includes the identity of the user of the service and other related parties and form business relationships including correspondence with users of services among other Documents the Real Time Gross Settlement (RTGS) and/or Checking Traffic (LLG).
CHAPTER IV article 8 REPORTING

(1) Auctioneer is obligated to deliver the auction transaction reports made by the buyer with the rupiah currency and/or foreign currencies whose value of at least Rp 500 million or equivalent to RP (five hundred million rupiah) to BEING ABLE to purchase a cash Transaction, either directly, by using cash, cheque or giro or transferring or balance transfer.
(2) The report referred to in subsection (1) is submitted at least fourteen (14) business days from the date of payment of the auction price.
(3) In addition to reports of transactions referred to in subsection (1), the Auctioneer reported suspicious financial transactions upon request the PPATK.
Chapter V EVALUATION COMPLIANCE Part One General article 9 (1) the Director-General to evaluate compliance with the application of the principle of Recognizing service users and reporting obligations for the Auctioneer one (1) times in a year. (2) Evaluation of compliance referred to in subsection (1) are delegated to regional offices.
(3) The results of the implementation of the compliance Evaluation conducted by the head of the regional office in particular the Director-General reported to the Director no later than the 10th of the next month after the implementation of the compliance Evaluation.
(4) The results of the implementation of the annual Compliance Evaluation conducted by the Director-General referred to in subsection (1) is submitted to the head BEING the end of January next year.
The second part of the standard operating procedures of article 10 (1) Auctioneer is obligated to draw up standard operating procedures on the implementation of the principle of Recognizing service users.
(2) In drawing up standard operational procedures referred to in subsection (1), the Auctioneer may request feedback and assistance to the Director.
Article 11 standard operating procedures have been drawn up by the auction Hall submitted to BEING at least 1 (one) year since the enactment of the regulations of the Minister.

Article 12 (1) in the event the Auctioneer make changes to standard operating procedures on the application of the principle of recognizing the service users, the Auctioneer is obligated to pass on any changes made to PPATK.
(2) change the standard operating procedures as referred to in paragraph (1) compulsory submitted to BEING at least fourteen (14) working days since the change set.
CHAPTER VI SANCTIONS Section One General Article 13 (1) the Auctioneer who do breach the obligations referred to in article 2 paragraph (1) of article 3, paragraph (1), article 3, paragraph (3) of article 4 paragraph (1), of article 4 paragraph (2), article 5 paragraph (1), article 6 paragraph (1), article 7 paragraph (1), and article 8 paragraph (1) of the administrative sanctions imposed.
(2) Administrative sanctions referred to in paragraph (1) be: a. warning letter;

b. warning letter;

c. operational permit freezing; and/or d. revocation operations.

The second part of the warning letter of article 14 (1) in the event the Auctioneer does not apply the principle of Recognizing service users referred to in article 2 paragraph (1) of article 3, paragraph (1), article 3, paragraph (3) of article 4 paragraph (1), of article 4 paragraph (2), article 5 paragraph (1), article 6 paragraph (1), article 7 paragraph (1), and article 8 paragraph (1), the Head Office of the region where the position of the Auctioneer gave a warning letter to the Auctioneer with copy in particular the Director General Director.
(2) Auctioneer is obligated to meet the warning letter as referred to in subsection (1) at least one (1) month from the date of the letter of warning.
The third part is the last warning letter of article 15 (1) in the event the Auctioneer does not meet the conditions in article 14 paragraph (2), the Head Office of the region where the position of the Auctioneer gave final warning letter to the Auctioneer with copy in particular the Director General Director.
(2) Auctioneer is obligated to fulfill the final warning letter as referred to in subsection (1) at least one (1) month from the date of the last warning letter.
The fourth part of operational Permits the freezing of article 16 (1) in the event the Auctioneer does not meet the conditions referred to in Article 15 paragraph (2), the head of the regional office seat Auctioneer proposed freezing the operational permit to the Director General.
(2) The Director-General on behalf of the Minister do the operational permit freezing Auctioneer who did the offence referred to in subsection (1) based on the consideration of the Director.
(3) The Director General did the freezing operational permit Auctioneer at the latest 1 (one) months from the receipt of the proposal of freezing the operational permit from the head of the regional office.
(4) The freezing of the operational permit Auctioneer done for 6 (six) months.
(5) The freezing of the operational permit Auctioneer as referred to in paragraph (4) is submitted to the heads of the regional offices for distribution.
Article 17 (1) for the duration of the freezing of the operational permit, Auctioneer prohibited conduct business activities, transfer of shares, and change management.
(2) The freezing of the operational permit is revoked, the Auctioneer if Auctioneer has completed his obligations as referred to in article 2 paragraph (1), article 3 paragraph (1), article 3, paragraph (3) of article 4 paragraph (1), of article 4 paragraph (2), article 5 paragraph (1), article 6 paragraph (1), article 7 paragraph (1), article 8 paragraph (1), and the freezing of the operational permit has expired.
Part five Operational Revocation Article 18 the Director General on behalf of the Minister do revocation operations of Auctioneer, if the freezing operational permits expire and the Auctioneer did not complete the obligation referred to in article 2 paragraph (1) of article 3, paragraph (1), article 3, paragraph (3) of article 4 paragraph (1), of article 4 paragraph (2), article 5 paragraph (1), article 6 paragraph (1) Article 7, paragraph (1), and article 8 paragraph (1).
CHAPTER VII PROVISIONS COVER article 19 this Ministerial Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on March 5, 2013, FINANCE MINISTER of the REPUBLIC of INDONESIA, AGUS MARTOWARDOJO D.W. Enacted in Jakarta on March 5, 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN