a. activities implementation plan;
B. Monitoring and evaluation performance indicators;
c. organization and management of activities execution; and
D. Land procurement plan and/or resettlement, in terms of activities requiring landn Loan Agreement
Section 38
(1) The Minister may submit a proposed change of the Foreign Loan Agreement to the Foreign Loan Loan in terms of:
(2) In terms of the proposed changes as referred to in paragraph (1) are conducted for the implementation of activities, the submission of the proposed changes was made after regard to the consideration of the Minister of Planning.
(3) The implementation of the negotiations as referred to in paragraph (1) involves the elements of the Ministry of Finance, the Ministry of Planning, the Ministry/Institute, the Local Government, the BUMN, and/or other related agencies.
(4) The talks with the prospective Foreign Loan Discourse are carried out after the criteria of the readiness of the activities are met.
(5) In terms of required, the Minister may request a negotiated readiness document to the Minister/Chairman of the Institution, Local Government, and BUMN.
(1) The results of the negotiations as referred to in Article 31 are poured in the Foreign Loan Agreement signed by the Minister or the authorized officials and the Foreign Loan Grant.
a. number;
B. Follow;
c. rights and obligations; and
D. provisions and requirements.
(3) In the event the source of the financing is derived from the Foreign Private Credit or the Export Credit Guarantee, the Foreign Loan Agreement as referred to in paragraph (1) is signed, if the goods/services procurement contract has been signed by Ministry/Institute, Local Government, or BUMN.
(4) A copy of the Foreign Loan Agreement is delivered by the Ministry of Finance to the Financial Examiner ' s Agency and other related agencies.
(1) The Agreement for Foreign Loans sourced from Multilateral Creditor and Bilateral Creditors may be preceded by the parent agreement.
(2) The parent agreement as referred to in paragraph (1) is signed by the official in accordance with the provisions of international law and/or law.
(3) The parent agreement contains requirements that do not result in an APBN load or are only limited to any indicative requirements, except:
(1) Foreign Loans on loan, poured in the Foreign Loan Lending Agreement.
(2) Foreign Loans are being put in place in the Foreign Loan Hiba Agreement.
(3) The Foreign Loan Loan Agreement Agreement and the Foreign Loan Hiba Agreement contain at least:
(4) The Agreement of the Application of Foreign Loans as referred to in paragraph (1) is signed by the Minister or the authorized official and Governor, the Regent/Mayor or the BUMN ' s Board of Directors.
(5) The Foreign Loan Hibah Agreement as referred to in paragraph (2) is signed by the Minister or the authorized official and Governor, the Regent/Mayor.
(1) The recipient of the Foreign Loan Application is required to make the payment of its obligations in accordance with the provisions set forth in the Foreign Loan Acceptance Agreement.
(2) The payment of the principal mortgage, interest, and other obligations of the Beneficiary Of The Foreign Loan to the Government is conducted through the State Public Cash Account or any other account appointed by the Minister.
(3) The receipt of the principal mortgage payment is recorded as financing, as well as the receipt of interest and other liabilities noted as income.
(1) In the event the Local Government does not meet the underlying mortgage payment obligations, interest, and other obligations as referred to in Section 35 of the paragraph (2), the payment obligations are taken into account with the General Alocation Fund and/or the Funds For the Results which is the right of the region in accordance with the provisions of the laws.
(2) In the event the BUMN does not meet the underlying payment obligations of the principal, interest, and other obligations as referred to in Section 35 of the paragraph (2), the BUMN is subject to the sanction of a fine late and/or other sanction in accordance with the terms set forth in the applicable law. in the Foreign Loan Implementation Agreement.
The Minister is coordinating with the Minister/Leader of the Institute, the Governor, the Regent/Mayor, or the board of directors to ensure the fulfillment of all the provisions and requirements of the Foreign Loan Agreement and/or the External Lending Agreement Country.
Paragraph 3
The Change of Foreigancing comes from the Export Credit Guarantee, procurement of financing is carried out of one package with the procurement of goods/services provided with the provisions:
a. Ministry/Institute, Local Government and BUMN, conduct procurement of goods in accordance with the provisions of the laws after receiving the designation of a financing source as referred to in Article 26 of the paragraph (2);
B. The Ministry/Institute, Government of Regions and BUMN, sets out the winner of the procurement of goods/service event required in the Hibah Agreement.
Section 68
Local Government and BUMN executors are required to provide a companion fund, in terms of required in the Hibah Agreement, the Hibah Acceptance Agreement, and the Grant Loan Agreement.
Section 69
Grant funds for uncompleted activities are implemented, accommodated in the next year ' s budget execution document.
Section 70
t Acceptance
Section 56
(1) The Minister/Leader of the Institution may receive Direct Hibah from the Awardees with regard to principles in the receipt of the Hibah as referred to in Article 2.
(2) The Minister/Leader of the Institution as referred to in paragraph (1) is required to assess the intent and purpose of the Hibah and be responsible for the Hibah to be accepted.
(3) The Minister/Leader of the Institution consulted the Direct Hibah admission plan on the year running to the Minister of Finance, the Minister of Planning, and the Minister/Leader of other related agencies prior to the signing of the Hibah Agreement.
(4) In terms of required, the Minister of Finance, the Minister of Planning, and other relevant leaders/leaders may provide written responses to the Hibah acceptance plan as referred to in paragraph (2).
The Fourth Part
Grant Recipients
Section 57
(1) Overseas sourced Hibah may:
a. published or loaned to the Local Government; or
B. loaned to BUMN;
It's all set in the Grant Treaty.
(2) Hibah which is sourced from abroad that is mentioned in verse (1) letter a poured in the Agreement of the Translations signed by the Minister or the Minister of Power and the Governor or Regent/Mayor.
(3) Hibah which is sourced from abroad on loan as referred to in paragraph (1) is poured in the Grant Loan Agreement signed by the Minister or the authorized Officer, the Regent/Mayor or the board of directors of the BUMN.
(4) The following paragraph (s):
a. number;
B. Follow; and
c. provisions and requirements.
(5) The Ministry of Finance conveying a copy of the Hybah Translation Agreement and a copy of the Hibah Loan Agreement as referred to in paragraph (4) to the Financial Examiner Agency and other related agencies.
Section 58.
(1) The Hibah which are published and/or loaned to the Government of the Regions is required to be recorded in APBN and APBD.
(2) The Hibah and/or Loan Hibah to BUMD is carried out through the Local Government.
The Fifth Part
Grant Talks
Section 59
(1) The planned grant talks are carried out by the Minister or the authorized official.
(2) The conduct of the negotiations as referred to in paragraph (1) involves the elements of the Ministry of Finance, the Ministry of Planning, and/or the Ministry/other related technical agencies.
Section 60
The Grant Negotiations are directly conducted by the Minister/Leader of the Institution or authorized officials.
The Sixth Part
Grant Agreement
Paragraph 1
Planned Grant
Section 61
(1) The Treaty of Hibah was signed by the Minister or the official given power by the Minister.
(2) The following paragraph:
a. number;
B. follow; and
c. provisions and requirements.
(3) The Minister delivered a copy of the Hibah Agreement to the Chairman of the Financial Examiner ' s Board and the leadership of other related agencies.
Section 62.
(1) The Minister may submit a proposed change of the Grant Agreement to the Awardees in terms of:
a. The minister considers the need to be made a change;
B. There are proposals for changes from the Minister/Leader of the recipient of the Hibah Institution; and/or
c. There are proposals for changes from the Local Government to the Hibah Agreement.
(2) The submission of the proposed change as referred to in paragraph (1) is carried out after paying attention to the Planning Minister ' s consideration.
Paragraph 2
Direct Grant
Section 63
(1) Minister/Leader of the Institution or authorized official doing the signing of the Hibah Agreement.
(2) The following paragraph:
a. number;
B. Follow; and
c. provisions and requirements.
Section 64
The Minister/Leader of the Institution delivered a copy of the Treaty of Hibah which has been signed to the Minister, the Financial Examiner Agency, and other related agencies.
Section 65
(1) The Minister/Leader of the Institution may submit a proposed change of the Grant Agreement to the Grant Provider.
(2) In submitting a proposed change to the Hibah Agreement as referred to in paragraph (1), the Minister/Leader of the Institution coordinates the proposed changes to the Minister of Planning, the Minister, and other related agencies.
(3) Following the proposed change of the Grant Agreement to be approved by the Grant Provider, the Minister/Leader of the Institution delivered the change document to the Minister of Planning, Minister, and the leadership of other related agencies.
The Seventh Part
Budgeting and Implementation of the Grant
Section 66
(1) The Ministry/Institution compiling the Work Plan and the Hybah Budget as part of the Ministry/Instituting Work Plan to be listed in the budget execution document as referred to in Section 44.
(2) In terms of the Hibah in the form of money to finance the activities of being published to the Regional Government and/or on loan to the Local Government and the BUMN, the Minister compiled the budget implementation document as referred to in Article 44.
(3) The Hybah in the form of goods/services is exercised in accordance with the provisions of Article 45.
(4) The Hibah in the form of a valuable letter is exercised in accordance with the provisions of Article 46.
Section 67
The Ministry/Board of the Acting Activities is required to provide a companion fund, in theovernment Work Plan.
Section 54
(1) Minister/Leader of the Institution proposes activities that will be financed with the Hibah to the Minister of Planning.
(2) The Planning Minister conducts a proposed assessment of the activities as referred to in paragraph (1) with the guideline on RPJM as well as paying attention to the Hibah utilization plan.
(3) The results of the assessment as referred to in paragraph (2) are poured in DRKH (1) In terms of Hibah received after the APBN pagu is set, the implementation document of the Hibah budget may be published after the Ministry/Society addresses the proposal to the Minister.
(2) The Hibah as referred to in paragraph (1) was proposed by the Minister in the change of the APBN.
Section 71
(1) In an emergency, the Hibah in the form of money to finance the activities as referred to in Article 41 of the paragraph (1) letter b may be executed preceding the issuer of the budget execution document.
(2) The responsibility of the execution of the Hibah as referred to in paragraph (1) is done in accordance with the APBN mechanism.
Section 72
(1) Hibah in the form of money to finance the activities may be carried out directly by the Ministry/Society.
(2) The event as referred to in paragraph (1), may be implemented preceding the issuer of the budget execution document.
(3) The responsibility of execution of the Hibah as referred to in paragraph (1) is done according to the APBN mechanism.
(4) Further provisions on the manner of the responsibility of the execution of the Hibah as referred to in paragraph (2) are governed in the Regulation of the Minister.
Section 73
(1) The withdrawal of the grant in the form of money to finance the activities is done through:
a. transfer to the State Public Kas account;
B. immediate payment;
c. special account;
D. letter of credit (L/C); or
e. Preliminary financing.
(2) The further provisions of the manner of the withdrawal of the Hibah as referred to in paragraph (1) are governed by the Regulation of the Minister.
BAB IV
OVERSEAS LOAN COMPANY AND GRANT
Section 74
(1) The Minister carries out the founder of the Foreign Loan and Hibah Loan.
(2) Foreign and Hibah Loan Entrepreneurship includes activities:
a. management administration; and
B. Management accounting.
(3) Any Foreign Loan Agreement and the Hibah Agreement are mandatory registration by the Ministry of Finance.
(4) Further provisions on the entrepreneurial of Foreign Loans and Hibah are governed by the Regulation of Ministers.
BAB V
PROCUREMENT OF GOODS AND SERVICES
Section 75
(1) The provision of activities financed by Foreign or Overseas Lending is performed in accordance with the provisions of the laws regarding the procurement of goods/services.
(2) In the event there is a difference between the provisions of the laws regarding the procurement of goods/services with the provision of the procurement of goods/services applicable to the Foreign or Hibah Loan, the parties may agree on the provisions of the terms of the applicable Terms of Service. The procurement of goods to be used.
(3) The issuance of planned activities financed from the Foreign Loan from Foreign Private Creditors Or The Export Credit Guarantee Institute is carried out after being issued the designation of financing by the Minister.
(4) The contract of procurement of goods/services financed overseas loans or Hibah is carried out after the enactment of the Foreign Loan Agreement or the Hibah or after the parent agreement of Foreign Loan.
(5) The provisions of the contract for the procurement of goods/services financed by the Foreign Loan as referred to in paragraph (4) are excluded for the procurement of activities which are planned to be financed by the Foreign Loan from the Private Credit (NP/GDNs). Foreign or a credit-assurance institution.
BAB VI
MONITORING, EVALUATION, REPORTING, AND SUPERVISION
FOREIGN LOANS AND GRANTS
Section 76
Minister/Leader of the Institution, Governor, Regent/Mayor or directors of BUMN, as executors of the activities financed from Foreign and/or Hibah Loans, each must submit a quarterly report to the Minister and Planning Minister most a little bit about:
a. the implementation of the barang/jasa;
B. physical progress of activities;
c. realization of absorption;
D. problems in execution; and
e. Problem resolution follow-up plan.
Section 77
(1) The Minister conducts monitoring, evaluation, and quarterly reporting on the realization of the absorption of Foreign and/or Overseas Loans and other financial aspects.
(2) The Minister of Planning is conducting quarterly monitoring, evaluation and reporting on the performance of the implementation of activities financed from Foreign and/or Overseas Savings Loans.
(3) Further provisions on the manner of monitoring, evaluation, and reporting of the realization of the absorption of Foreign and/or Overseas Loans and other financial aspects as referred to in paragraph (1) are governed by the Regulation of the Minister.
(4) Further provisions concerning the manner of monitoring, evaluation, and reporting performance of activities financed from Foreign and/or Overseas Loans as referred to in paragraph (2) are governed by the Regulation of the Minister. Planning.
Section 78
The Minister and the Planning Minister may conduct a semestically shared evaluation of the implementation of Loan and/or Foreign Hibah-financed activities.
Section 79
(1) The Minister takes the completion step of the execution of slow activity or low absorption and/or not according to its designation, including the proposed cancellation of some or all of Foreign and/or Hibah Loans.
(2) The completion step as referred to in paragraph (1) is carried out after receiving the Planning Minister ' s consideration.
(3) The Minister submitted a proposed change and/or cancellation of some or all Foreign and/or Hibah Loans in the course of the completion of the activities as referred to in paragraph (1) to the Foreign and/or Foreign Loan Deliverer Grant.
Section 80
(1) In the event of a Foreign or Overseas Loan Grant set the execution of the activities not in accordance with the Foreign Loan Agreement or the Treaty of Hibah and in the Foreign Loan Agreement or the Treaty of Hibah it requires The government restores some or all of the Foreign Loans or the Hibah, the Ministry/Institute, Local Government, or the BUMN executor activities must provide the refund.
(2) The provisions of the provision and return of funds are set up with the Regulation of Ministers.
Section 81
Supervision of the execution and use of Foreign or External Lending is performed by the internal and external supervisors of the supervisors in accordance with the provisions of the laws.
BAB VII
PUBLICATION
Section 82
(1) The Minister organizes the publication of information on Foreign Loans and Hibah at least 6 (six) months at least.
(2) The publication of the information on Foreign Loans as referred to in paragraph (1) includes:
a. policy on Foreign Loans;
B. Foreign Loan positions include the due due and composition of the interest rate;
c. Foreign Loan source;
D. realization of the absorption of Foreign Loans; and
e. The fulfillment of a Foreign Loan obligation.
(3) The publication of information regarding the Hibah as referred to in paragraph (1) is least included:
a. policy about Hibah;
B. the number, position, and composition of the type of Hibah currency;
c. Source and recipients of Hibah; and
D. Hibah type.
BAB VIII
LIABILITY
Section 83
The Minister compiles accountability for the management of Foreign Loans and the Hibah as part of the implementation of the APBN implementation.
BAB IX
TAXES AND DUTIES IN
Section 84
(1) The treatment of taxes on Foreign Loans or the acceptance of Hibah is exercised in accordance with the provisions of the laws in the taxation field.
(2) The treatment of the Customs on Foreign Loan or the acceptance of the Hibah is exercised in accordance with the provisions of the law in the field of pabeeness.
BAB X
THE TRANSITION PROVISION
Section 85
At the time the Government ' s Ordinance comes into effect:
1. The implementation of the Foreign Loan Procurement as well as the Foreign Loan forwarding, which is derived from:
a. Bilateral Loans and Multilateral Loans that List of His Activities have been delivered by the Minister of Planning to the Minister;
B. Foreign Private Creditors or the Export-Credit Guarantee that has been issued government loan allocation or export credit, continued under the terms of the Government Regulation No. 2 of 2006 on the Tata Way of Absence Lending And/or the Acceptance of Hibah as well as the Procurement of Loans and/or Overseas Hibah until the procurement of Foreign Loans as well as the implementation of Foreign Loans are completed.
2. The already signed Hibah Agreement, under the terms of the Government Regulation No. 2 of 2006 on the Way of Lending And/Or Acceptance Of The Loan And The Lending Application and/or the Foreign Hibah remain in effect until the The grant agreement is over.
3. The Trust Fund which was set up before this Government Regulation is set out, stated it remains in effect until the mandate expires.
1. Government Regulation No. 2 of 2006 on the Way of Lending And/Or Acceptance Of The Loan And The Release Of Loans And/Or Overseas Grants (2006 State Sheet Number 3, Extra State Sheet Number 4597) revoked and declared not applicable;
2. All implementation regulations of the Government Regulation No. 2 Year 2006 on the Order of the Absence Of Loans And/Or Acceptance Of The Loan And The Application Of Loans And/Or Overseas Grants (state Gazette 2006 Number 3, Additional Sheet Of Country Number 4597), stated that it remains in effect as long as it does not conflict with this Government's Regulation and has not been replaced with new rules under this Government's Regulation.
The Regulation of this Government begins to apply on the date of the promulctest.
So that everyone knows it, ordering the invitation of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.
