Key Benefits:
SHEET COUNTRY REPUBLIC OF INDONESIA
No. 224, 2015 BANKING. BI. Foreign Exchange. Rupiah. Foreign Bank. Change. (Explanation In Addition Of State Sheet Republic Indonesia Number 5744).
INDONESIA BANK REGULATION
NUMBER 17 /16/PBI/2015
ABOUT
THIRD CHANGE OVER INDONESIA BANK REGULATION
NUMBER 16 /17/PBI/2014 ABOUT
FOREIGN EXCHANGE TRANSACTION AGAINST RUPIAH
BETWEEN BANKS WITH FOREIGN PARTIES
WITH THE GRACE OF GOD ALMIGHTY
THE GOVERNOR OF THE BANK OF INDONESIA,
DRAWS: A. that dynamics of global economic and financial conditions
requires an effort for increased stability
exchange rate and strengthening financial market durability
domestic;
b. that increase in exchange rate stability and
strengthening of the domestic financial market durability can
be achieved through the development of the foreign exchange market
a healthy and balanced domestic;
c. that in order to realize the market foreign exchange
A healthy and balanced domestic required effort
to drive the increase in transaction liquidity
by still paying attention to the principle of pruuness;
www.peraturan.go.id
2015, No. 224 -2-
d. that based on consideration as
referred to in letter a, letter b, and letter c, need
make a third change over Bank Regulation
Indonesia about the Foreign Valuta Transaction against
Rupiah between the Bank and the Foreign parties;
Given: 1. Law No. 23 of 1999 on Bank
Indonesia (State Gazette of the Republic of Indonesia
in 1999 Number 66, Additional Gazette
Republic of Indonesia Number 3843) as has been
changed several times, last with Invite-
Invite Number 6 Year 2009 on Redemption
Government Regulation amendments
No. 2 Year 2008 on the Second Amendment
Act No. 23 of 1999 on Bank
Indonesia to be an Act (State Sheet
Republic of Indonesia Year 2009 Number 7,
sheet of state of the Republic of Indonesia No. 4962);
2. Law No. 24 Year 1999 about Then
Cross Devisa and Exchange Rate System (sheet
state of the republic of Indonesia in 1999 No. 67,
additional sheet of state of the Republic of Indonesia
number 3844);
DECIDED:
SET: INDONESIA BANK REGULATIONS ON CHANGES
THIRD ON INDONESIA BANK REGULATION NUMBER
16 /17/PBI/2014 ABOUT FOREIGN EXCHANGE TRANSACTION
ON THE RUPIAH BETWEEN BANKS WITH PARTIES
ASING.
Article I
Some provisions in Bank Indonesia Regulation
Number 16 /17/PBI/2014 on Foreign Valuta Transaction
against Rupiah between Bank with Foreign Parties
(Indonesian Republic of the Republic of 2014 Number
213, Additional Gazette Republic of Indonesia
Number 5582) which has been changed several times with
Bank Indonesia Regulation:
www.peraturan.go.id
2015, No. 224-3-
a. Number 17 /7/PBI/2015 (republican Gazette
Indonesia Year 2015 Number 117, Supplement
The State Sheet Of The Republic Of Indonesia Number 5702);
b. Number 17 /14/PBI/2015 (republican Gazette
Indonesia In 2015 No. 202, Supplement
sheet of state of the Republic of Indonesia Number 5737),
changed as follows:
1. The provisions of Article 2 are amended so that
below:
Section 2
(1) The Bank may perform the Foreign Valuta Transaction
Against Rupiah with a Foreign Party on the basis
a contract.
(2) In doing Valuta
Transaction Activity Against Rupiah, Bank is mandatory:
a. have written internal guidelines
as contemplated
the banking authorities governing about
derivatives transactions and applications
Bank risk management;
b. satisfy the banking authority provision
which regulates the category of Bank that
can perform a foreign exchange transaction activity
;
c. implement risk management effectively
as it means in provisions
regulatory banking authorities regarding
application of the Bank ' s risk management;
d. perform a self assessment regarding
Bank risk management readiness,
as contemplated
the banking authority governing regarding
derivatives transactions and health level
The General Bank;
www.peraturan.go.id
2015, No. 224 -4-
e. perform mark-to-market for transactions
derivatives as referred to in
the provisions of the banking authority governing
regarding derivative transactions and applications
bank risk management;
f. provide education on the Transaction
Derivatives of Foreign Valuta Against Rupiah
to Foreign Parties for implementation
activities of the Derivatives Of Foreign Valuta Transaction
Against Rupiah, and
g. comply with the provisions of the Bank of Indonesia which
set about the usage obligations
Rupiah.
2. The provisions of Article 3 are amended so that
below:
Article 3
(1) The Foreign Valuta Transaction Against Rupiah which
is conducted Bank with a Foreign Party above
a certain amount (threshold) must have
Underlying Transaction.
(2) Underlying Transaction as intended
on paragraph (1) covers the entire activity:
a. trade in goods and services in and
abroad; and/or
b. investments include foreign direct investment,
portfolio investment, loans, capital, and
other investments in and abroad.
(3) Underlying Transaction of trade activities
goods and services and/or investment as
referred to the paragraph (2) includes also estimates
income and cost (income and expense
estimation).
(4) Underlying Transaction as intended
on paragraph (2) does not include:
www.peraturan.go.id
2015, No. 224-5-
a. use of the Indonesia Bank Certificate for
Transactions of Foreign Valuta Derivatives Against
Rupiah;
b. the placement of funds on the Bank (vostro) between
another is savings, giro, deposits, and
Negotiable Certificate of Deposit (NCD); and
c. the still-not-
credit granting facility is withdrawn, among other things standby loan and
undisbursed loan.
(5) Special for sale of foreign exchange against
Rupiah through transaction forward and for
Rupiah transfer to a Party-owned account
Foreign, Underlying Transaction also includes
entitlements foreign exchange funds within the country
and abroad include savings,
giro, deposits, and Negotiable Certificate of Deposit
(NCD).
3. The provisions of Section 5 are amended so that
The following:
Section 5
(1) Certain amounts (threshold) as
are referred to in Section 3 of the paragraph (1), for
Derivatives of sale and Derivatives transactions
buy between the Bank with the Foreign Party is
each USD1,000,000.00 (one million dollars
United States) or its equivalent per transaction
per Foreign Party and per position (outstanding)
per Bank.
(2) Special for foreign exchange sales against
Rupiah through transaction forward, the amount
specified (threshold) as referred to in
Section 3 of the paragraph (1) is USD5.000,00 (five
million United States dollars) or its equivalent per
transaction per Foreign and Position
(outstanding) per Bank.
www.peraturan.go.id
2015, No. 224--6-
(3) Derivative Transactions sold between the Bank with
Foreign and Transaction Derivatives purchased between
The Bank with the Foreign Party as intended
in paragraph (1) and paragraph (2) is prohibited from exceeding the value of
nominal Underlying Transaction.
(4) In terms of the nominal value Underlying Transactions
as referred to in paragraph (3) not in
multiples of USD10.000.00 (ten thousand dollars
United States) then against the nominal value
Underlying Transaction is intended to be performed
rounding up in multiples
USD10.000.00 (ten thousand American dollars
Union).
(5) Derivative Transaction Transactions are prohibited
exceeds the Underlying Transaction.
4. The provisions of Section 6 are amended so that
below:
Section 6
Liability has Underlying Transaction for
The Foreign Valuta Transaction Against Rupiah by Party
Foreign to the Bank above the amount certain (threshold)
as referred to in Section 4 of the paragraph (1), Section 5
paragraph (1), and Section 5 of the paragraph (2) does not apply to
the initial Derivative Transaction of the Derivative Transaction.
through:
a. extension of transactions (roll over) along
term of extension of the transaction (roll over)
the longest the same as the timeframe
Underlying The initial transaction;
b. acceleration of transaction completion (early
termination); or
c. termination of transaction (unwind).
5. The provisions of Article 19 are amended so that
below:
www.peraturan.go.id
2015, No. 224-7-
Article 19
(1) Transaction Settlement Spot between the Bank with
The Foreign Party is required to be made with the transfer
Full base funds.
(2) The completion of the Derivative Transaction between Bank
with Foreign Parties may be performed
netting or with the transfer of the principal fund
in full.
(3) Completion of the Derivative transaction between the Bank
with the Foreign Party that can be done
netting as referred to in paragraph (2)
applies only to extension of transactions (roll
over), acceleration of transaction settlement (early
termination), and termination of the transaction (unwind).
(4) Completion of foreign exchange sales against
Rupiah by Foreign Parties to the Bank through
transaction forward with nominal transaction
under certain amount (threshold) as
referred to In section 5 of the paragraph (2) is mandatory
with the transfer of the principal funds in full.
(5) The completion of the foreign exchange sales against
Rupiah by the Foreign Party to the Bank through
transaction forward by using
Underlying Transactions of fund ownership
foreign exchange in Within the country and abroad
is mandatory with the transfer of the principal fund
in full.
6. The provisions of Section 20 are amended so that
below:
Section 20
(1) Derivatives of the Derivative Transaction between Bank
with Foreign Parties netting as
referred to in Section 19 of the paragraph (3)
(threshold) as referred to in Section 5
www.peraturan.go.id
2015, No. 224 -8-
paragraph (1) can be performed throughout the supported
with Underlying Transaction of the Transaction
The initial Derivatives.
(2) In the event at the time of the completion of the Transaction
Derivatif as Referred to in paragraph (1)
The Foreign Party cannot deliver the document
Underlying Transaction then the settlement
Derivative transactions are performed with
the full transfer of the principal funds.
7. The provisions of Section 21 are amended so that
below:
Section 21
(1) The type of document Underlying Transaction is set
by Bank Indonesia.
(2) The invoice document is in the foreign exchange of
transactions that are required to use Rupiah
as set out in the provisions of the Bank
Indonesia that governs regarding the obligations
the use of Rupiah in the Unity State region
Republic of Indonesia, cannot be
documents Underlying Transaction.
(3) Further provisions regarding the designation of type
the document as referred to in paragraph (1)
is set in the Indonesian Bank Circular Letter.
8. The provisions of Article 23 are amended so that
below:
Article 23
(1) In terms of the Bank doing Derivative Transactions
with the Foreign Party above a certain amount
(threshold) as contemplated in Section 5
paragraph (1) and paragraph (2), the Bank shall ensure
The Foreign Party to deliver the document
as follows:
www.peraturan.go.id
2015, No. 224-9-
a. Underlying Transaction that can
be accounted for, whether or not to be expected
in the final and an approximation; and
b. Supporting documents include statements
written that authenticated of the Foreign Party
which contains information about:
1. the authenticity and truth of the document
Underlying Transaction as
referred to the letter a;
2. use of the Underlying document
The transaction for the Derivative Transaction
is most of a nominal value
Underlying Transaction in the system
banking in Indonesia;
3. the number of needs, purposes of use,
and the date of the use of the foreign exchange,
in terms of the Underlying document
The transaction as referred to
the letter a is an estimated purchase
the foreign exchange against Rupiah; and
4. source, number of sales, and
the availability date of the foreign exchange, in
the document Underlying Transaction
as referred to in the letter a
is the estimated sale of the foreign exchange
against Rupiah.
(2) In terms of the Foreign Party doing a settlement
The Derivative Transaction with the most nominal value
many of the specified amount (threshold)
netting as referred to in Section 20
paragraph (1) then the Foreign Party is required to deliver
the document as referred to in paragraph (1) .
9. The provisions of Article 30 are amended so that
below:
www.peraturan.go.id
2015, No. 224 -10-
Section 30
(1) The bank in violation of the provisions as
is referred to in Article 3 of the paragraph (1), Section 4 of the paragraph (2),
Section 5 of the paragraph (3), Section 5 of the paragraph (5), Section 7, Article
13, Article 14 of the paragraph (1), Section 15 of the paragraph (2), Section 17,
Article 18 paragraph (2), Section 19 of the paragraph (1), Section 19 of the paragraph
(4), Article 19 of the paragraph (5), Section 22 of the paragraph (1), Section 23
paragraph (1), Section 23 of the paragraph (2), Section 24, Section 25 of the paragraph
(2), Section 25 of the paragraph (3), Section 25 of the paragraph (3), Section 25 (3), Section 25 (Section 2), Section 25 (Section 2)
verse (4), Article 25paragraph (5), and/or Section 25 of the paragraph (6) imposed
administrative sanction of a reprimand written and
sanction liability pay of 1% (one
percent) of the nominal value of the transaction that
is violated for any breach, with
the minimum amount of sanctions
Rp10,000.000.00 (ten million rupiah) and most
a lot of Rp1,000.000.00 (one billion
rupiah).
(2) the nominal value of the transaction that
is violated as specified in paragraph (1)
is set as follows:
a. The difference between the total value of the transaction
the foreign exchange against Rupiah with the amount
specified (threshold) of fulfillment obligations
Underlying Transaction; or
b. Total value value of Foreign Valuta Transaction
Against the unsupported Rupiah
with Underlying Transaction in terms of value
nominal transaction under certain amount
(threshold) but done netting.
(3) Counting liability sanction
as referred to in paragraph (1)
using kurs Jakarta Interbank Spot Dollar
Rate (JISDOR) on the date of occurrence
violation.
www.peraturan.go.id
2015, No. 224-11-
Article II
The Bank of Indonesia Regulation is in effect on
the date is promulred.
So that everyone knows it, ordering
the invitation of the Bank of Indonesia Regulation with
discoverable in State Sheet of the Republic
Indonesia.
specified in Jakarta
on October 2, 2015
GOVERNOR OF THE BANK OF INDONESIA,
ttd
AGUS D. W. MARTOWARDOJO
Reundfiled in Jakarta
on October 7, 2015
MINISTER OF LAW AND RIGHTS MAN
REPUBLIC OF INDONESIA,
ttd
YASONNA H. LAOLY
www.peraturan.go.id