Decree of the Minister of Marine and Fishery No. KEP-45/MEN/2001 RE Procedures for collecting fishery levies

WARTA C/\FI 10 Considering Bearing in mind FEBt=lUAHY 1, 2002 43th YEAH 0 * OFFICIAL ANNOUNCEMENT at""* MARINE ANO FISHERY .~ ......... --- ....... -------- ~-- ....... ---- ...... l}EPARTMENT OF MARINE AND FJSHERY DECREE OF THI: MINISTER OF MARINE AND FISHERY NO: KEP~45/MEN/2001 ; DATED : AUGUST 15, 2001 A F. PROCEDURES FOR COLLECTING FJSHERY LEVIES THE MINISTER Of= MAR!NE AND FISHERY, a. that in the framework of the implementation of article 6, sub-article (2) of Government Regulation No. 142/2000 on Tariff of Non-Tax State Revenues Effectives within the Ministry of Marine and Fishery it is necessary to stipulate Procedures for Collecting Fishery Levies; b. that to that end, it is necessary to stipulate a Ministerial decree; Law No. 9/1985 on Fishery; 2. Law No. 20/1997 on State hlon-Tax Revenu8b; 3. Government Regulation No. 1 5/1990 on Fishery Businesses already amended for several times and the latest by Government Regulation No. 141 /2000; 4. Government Regulation No. 142/2000 on Tariff on the Types of Non-Tax State Revenues effective within the Ministry of Marine and Fishery; 5. Presidential Decree No. 165/1999 on the Status, Tasks, Functions, Organizational Structure and Working System of Ministry as already amended by Presidential Decree No. f 72/2000; 6. Presidential Decree No. 17712000 on the Organizational Structure and Working Arrangements of Ministries; 7. Presidential Decree no. 228/2001; 8. Decree of the Mini$ter of Maritine and Fishery No. 45/2000 on Fishery Business Licensing; CAFI 10/FEBRUARY 1, 2002 2 9. Decree of the Minister of Maritine ancf Fishery No. KEP.01/MEN/2001 on the Organizational Structure and Working Arrangement of the Ministry of Marine and Fishery; To stipulate k,. i)ecree of the Minister of Marine and fishery No. 316/KMK.06/2001 on Procedures for Imposing and Remitting Fishery Levies: HAS DECIDED : DECREI: OF THE MINISTEAR OF MARINE AND FISHERY ON PROCEDURES FOR COLLECTING FISHERY LEVIES. Article 1 In this decree, what is meant by : I. Fisher.nan is a person who catches fish as his subsistence. ?. f\Jdtinnnl (PlH"E/ Fishery Company is a fishery company whose aft domestic capitals invested ii I th,, comp.my are owned by the governrnent and/or national private company. 3. Permanent Business License is a perrmanent business license issue(/ by the Investment Coordinating Board (BKPM). Article 2 ( 1) Fishery levies are imposed on fishermen, pure national fishery companies, national fishery company using the facility of foreign investment (PMAl or domestic investment {PMON). (2) fishery levies as meant in sub-article ( 1) consist of : a. Fishery Exploitation Levies (PPP); and b. Fishery Produce Levies (PHP). (3l F1sl1ery exploitation levies (PPP) as meant in sub-article (2}, letter a are imposed to the holders of fishery business licenses or th.e holders of the Letter of Recommendation on Investment or the holders of the Letters of Approval for the Use of Foreign Vessels (PPKA). (4) Fishery produce levies (PHPJ as meant in sub-article (2), letter b are imposed to the holders of the Letters of Approval for Fishing (SPI) and/or the licenses for Fishing (SIP!) and/or the Licenses for the Use of Indonesian Vessels tor Fishing and Transporting Fish (SIKPPU) in accordance with the output of fishery production earned and sold in national and international markets. Article 3 ! I) Fishery levy as meant in article 2 is imposed to those using a fishing vessel with the weight of more than 30 (thirty) gross tonnage (GT) or a vessel using a motor with the power of more than 90 (ninety) horse power (HP) or a vessel with the total length of minimally 18 (eighteen) meters and a vessel operating in waters 12 miles measured from the coastal line CAFI 10/FEBRUARY 1, 2002 to offshore (21 ~d·kry lev, a~ meant in article 2 imposed for a vessel with the weight of 30 G1s and below or a vessel using a motor with the power of 90 HP and below or a vessel with the length of 18 meters and below and operating in the waters of provinces or regencies/municipalities is regulated by the toe a! regional regulations. Article 4 Ii) The tariff for a fishery exploitation levy per GTs is set as described in the attachment to this decree. (2) The amount of owed fishery exploitation levy is stipulated based on the formulation; the per GT tariff times the GTs of the vessel in accordance with the type of the fishing equipment used, 1 (J · .r s1nul1; purse seine, trie amount of owed ftshil•~J exploitation levi is stipulated based on a {ormu/ation; the per-GT tariff times the GTs of the vessel with a single purse seine. (4-) Fo, a fishing vessel using a purse seine equipment and operating in a fishin(I fleet. the arnount of owed fishery exploitation levy is stipulated based on a formulation; the per GT tariff times the GTs of all vessels in the fishiog fleet. Article 5 ( 1) The amount of the owed fishery produce levy is stipulated based on a formulation; 2.5% times the productivity of a vessel timing the existing fish benchmark price (HPI). (2) For a single purse seine, the amount of the owed fishery produce levy is stipulated based 0n a formulation; 2.5 % times the productivity of the vessel with a single purse seine timing thr,. existing fish benchmark price (HPfl, (3) For a fishing vessel using a purse seine equipment and operating in a fishing fleet, the amount of the owed fishery produce levy is stipulated based on a formulation; the per GT tariff times the total GTs of the vessels in the fishing fleet timing the existing fish benchmark price. Articla 6 / 1) Fishery exploitation levies are paid when the companies acquire fishery business licenses OUP) or the letters of recommendation for investment (PPKA) at the amount of 50% of the amount of the C3Ts of vessels aHocated in the fishery business licenses or the letter of recommendation for investment or the letters of approval for the use of foreign vessels (PPKA) in accordance with the types of fishing equipment used. (21 The n~st ot owed fishery exploitation levies must paid out when the companies acquire the letter::; of approval for fishing (SPU and/or licenses for fishing and/or the licenses for the use of Indonesian vessel for fishing and transporting fish (StKPPIIJ. CAfl 10/FEBRUARY 1, 2002 4 Article 7 Procedures lorr paying fishery exploitation levies are regulated as follows : a. After receiving an application for a fishery business license or an application for a letter of recommendation for investment or an application for a fetter of approvat for the use of foreign vessels (PPKA). the Director General of Fishing Fishery or the appointed official issues a letter of instruction for the payment of the fishery exploitation levy (SPP-PPP) to the applicant in 4 (four) copfes by stipulating the amount of the owed fishery exploitation levy at 50% of the average amount of GTs of vessels of the allocation of the fishery business licensP (IUP) or the letter of recommendation for investment or the letter of approval for the use of foreign vessels (PPKA) which must be paid : l . Sheet I and II for the applicant; 2. Sheet Ill for the Head of the Bureau of Ftnance of the Ministry of Maritime and Finance; and 3. Sheet IV for document; b. The letter of instruction for the payment of fishery exploitation levy as meant in letter a must be paid the latest in 1 (one) month and if the levy is not paid on the schedule, the application for a fishery business license and/or a letter of recommendation for investment and/or a letter a of approval for the use of foreign vessels is declared canceled. c. Based on the letter of instruction for the payment of the fishery exploitation levy, the applicant makes payment by using the slip of depositing state non-tax revenues (SSBP) to Perception Bank, as state non-tax revenues from the sector of fishery by submitting Sheet II of the letter of instruction for the payment of the fishery exploitation levy. d. Percfiption Bank issues the slip of depositing state non-tax revenues (SSBP) in 5 (five copies); 1. Sheet I for the applicant; 2. Sheet rl and Ill for the Office of the Management of State Assets (KPKN); 3. Sheet IV for the document of Perception bank; and 4. Sheet V for the Director General of Fishing Fishery or the official appointed to issue a fishery business license (IUP} and/or the letter of recommendation for investment and/or the letter of approval for the use of foreign vessels (PPKA) for the applicant in accordance with existing provisions. e. The deficit of 50% of the owed fishery exploitation levy must be paid out when the Jette, of approval for fishing (SPI) and/or a license for fishing {SIPI) and/or the license for the use of Indonesian vessels for fishing and transporting fish (SIKPPII) in accordance with the type, size and number of vessels as well as the type of the fishing equipment used. CAFI TO/FEBRUARY 1, 2002 5 f In the case that excessive payment is found in the paying-out of 50% of the owed fishery exploitation levy, the excessive payment is calculated when paying-out the fishery exploitation levy. Articl"e 8 ( 1 I Procedure for paying fishery produce lev·ies are regulated as follows : a. After receMng an application for a letter of approval for fishing (SPO and/or a license for fishing and/or the letter of approval for the use of Indonesian vessels for fishing and transporting fish (SfKPPIO in accordance with type. size and number of vessels as well as the type of fishing equipment used, the Director General of Fishing Fishery or the appointed official issues , the letter of instruction for 1;he payment of the fishery produce levy fSPP-PHP) for a period of 1 (one, year to the applicant in 4 (four) copies by specifying the amount of the fishery produce levy which must be paid: 1. Sheet I and II for the applicant; 2. Sheet Ill for the Head of the Bureau of the Finance of the Ministry of Maritime and Fishery; and 3. Sheet IV for document. b. The letter of instruction for the payment of the fishery produce levy (SPP-PHP) as meant in fetter' a must be paid the latest in 1 (one) month and if the levy is not paid on the schedule, the application for a letter of approval tor fishing and/or a license for fishing and/or a letter of approval for the use of Indonesian vessels for fishing and transporting fish is declared canceled. c. Based on the letter of instruction tor the payment of the fishery produce levy (SPP PHP), the applicant makes payment by usi~g the slip of depositing state non-tax revenues (SSBP) to Perception Bank as the state non-tax revenues from the sector of fishery by submitting Sheet n of the letter of instruction for the paymenf of the fishery produce levy (SPP-PHP). d. Perception Bank issues the slip of depositing state non-tax revenues (SSBP) in -~ (five) copies; 1. Sheet I torr the applicant; 2. Sheet U and m for the local office of the Management of State Assets (KPKN); 3. Sheet IV for the document of Perception Bank; and 4. Sheet V for the Director General of Fishing Fishery. (2) Based on the slip of depositing state non-tax revenues fSSBP) the Director General of CAFI 10/FEBRUARY 1, 2002 6 Fishing Fishery or the appointed official issues the letter of approval for fishing (SPO and/or the license for fishing (SIPI) and/or the lettor of apprcwal for the use of Indonesian vessels for fishing and transporting fish (SIKPPII) for the applicant and issues the slip of the paving out the fishery produce levy of Year I. (3) The Director General of Fishing Fishery of the appoimed official annually issues the letter of instruction for the payment of the fishery produce levy (SPP-PHPI of Year II and 111 for the holder of the letter of approval "or fishing (SPI) and/or the license for fishing and/or the letter of approval for the use of Indonesian vessels for fishing and transporting fish (SIKPPU). (4) The letter of instruction for the payment of the fishery produce levy (SPP-PHP) as meant in sub-article (3) must be paid out the latest in 1 (one) month and if the time limit for the payment is over, the company is given the first warning the second month, and if the payment is made in the second month, the company is imposed fine at the amount of 2% of the levy. (5) If the limit for the payment as meant in sub-article (4) is over, the company is given the second warning in the third month, and if the payment is made in the third month, the company is imposed fine at the amount of 4%. (6) If the time limit for the payment as meant in sub-article (5) is over, the company is given a notification that the letter of approval for fishing (SPI) and/or the license for fishing (SIPI) and/or the letter of approval for the use of Indonesian vessesl for fishing and transporting fish (SIKPPII) is frozen for 1 (one) month, and if the payment is made in fifth month, the company is imposed fine at the amount of 6%. (7) • If the time limit for the freezing as meant in sub•article (6) is over, the letter of approval for fishing (SPO and/or the license for fishing (SIPI) and/or the letter of approval for the use of Indonesian vessels for fishing and transporting fish (SIKPPII) is declared revoked. Article 9 ( 1 > For fishermen and pure national fishery companies already possessing fishery business licenses (IUP) and/or the letter of approval for the use of foreign vessels (PPKA) and/or the letter of approval for fishing (SPI) and/or the license for fishing {SIPI) and/or the letter of approval for the use of Indonesian vessels for fishing and transporting fish (SIKPPII) before this decree is stipulated, the Director General of Fishing Fishery or the appointed official issues the letter of instruction tor the payment of the fishery exploitation levy (SPP-PHP) and the letter of instruction for the payment of the fishery produce levy (SPP-PHP). (2) SPP-PPP and SSPHP as meant in sub-article (1) must be paid the latest in 1 (one) month, and if the time limit for the payment is over, the company is given the first warning in the second month, and the payment is made in the second month, the company is imposed fine at the amount of 25 of the levy. (3> If the time limit for the· payment as meant in sub-article (2) is over, the company is given the second warning in the third month, and if the payment is made in the fourth month, the company is imposed fine at the amount of 4%. CAFI 10/FEBRUARY 1, 2002 7 (4) If the time limit for the payment as meant in sub-article (3) is over, the company is given a notification that the fishery business license (IUi:>) and/or the letter of approval for the use of foreign vessels (PPKA) and/or the letter of approval for fishing (SPI) and/or the license tor fishing {SIPI} and/or the letter of approval for the use of Indonesian vessels for fishing and transporting fish (SIKPPll) is frozen for 1 (one) month, and if the payment is made in the fifth month, the company is imposed fine at the amount of 6%. {5) If the time limit for the freezing as meant in sub-article (4), SPI and/or SIPI and/or SIKPPII is declared revoked. Article 10 { 1 ~ Fishery companies with the facility of foreign investment of domestic investment aln:.ddy possessing permanent b4siness licenses {I U) or the letter of approval for investment before this decree is stipulated and already paying fishery exploitation levies and fishery produce levies (PHP), are not oblied to pay the fishery exploitation levies in accordance with this decree until the IUP or the letter of approval for investment expires. · (2) For fishery companies with the facility of foreign investment and domestic investment already possessing SPl and/or SlPl and/or SJKPPII before this decree is stipulated, the Director General of Fishing Fishery or the appointed official issues SPP-PHP. (3) SPP-PHP as meant in sub-article (2) must be paid the latest in 1 (one) month, and if the time limit for the payment is over, the company is given the first warning in the second month, and if the payment is made in the second month, the company is imposed fine at the amount of 2%. , (4) · If the time limit for the payment as meant in sub-article (3) is over, the company is given the second warning in the third month, and if the payment is made in the third month, the company is imposed tine at the amount of 4%. (5) If the time limit for the payment as meant in sub-article (4) is over, in the fourth month the company is given a notification that SIPl and/or SIP! and/or SIKPPI is frozen for one month, and if the payment is made in the fourth month, the company is given tine at the amount of 6%. (6) If the time limit for freezing as meant in sub-article (5) is over, SPI and/or SIPI and/or SIKPPU is declared canceled. Article 11 (1) The amount of owed PPP and PHP as meant in articles 4 and 5 is calculated as of January 20, 2001 or as of the date of the issuance of IUP. (2) Technical provisions on the calculation of owed PPP and PHP as meant in sub-article (1) are regulated by the Director General of Fishing Fishery. Article 12 CAFI 10/FEBRUARY 1, 2002 This decree starts to be effective as of the date of stipulation. Stipulated in Jakarta On August 15, 2001 THE MINISTER OF MARINE AND FISHERY sgd ROKHMIN DAHURI ATTACHMENT TARIFF ON FISHERY EXPLOITATION LEVIES (PPP) PER GRROSS TONNAGE (GT) NO. TYPE OF .FI$HING E0.UIPl\,1Er-A:J 1. Lqng Line 2. Shrlmp Seine 3. . Fish ~eine 4. Small Pelagi$ Purse Seine 5. · Lar9e Pefagis Pursa Seine 6. Fish Gill Net 7. Peile and Line s. . squid Jigging . . . . 9. · Bubu (a plaite d(attan ,fish trap) 1 0. Botton Pra\,vaf Fishing . ·. 11 Long Bag SelNet TARIFF Rp. 27 .154, · Rp; ros. 1:1a,. Rp. 98.297 , Rp. tl.2!>0, Rp. 3Q.469, Rp. 2t'.t391 , Rp. Hl.875, ;m ~f :i~:~:: RP, 1E$'.406, Rp. 10.0QO,· THE MINISTER OF MARINE AND FISHERY sgd ROKHMIN DAHURI 000000000 CAFI 10/FEBRUARY 1, 2002 8