Regulation of the Minister of Finance No. 113/PMK.04/2007 regarding the exemption from import duty on the import of sea products caught by permitted catching instruments

26A THE EXEMPTION FROM IMPORT DUiY ON THE IMPORT OF SEA PRODUcrS CAUGHT BY PERMITTED CATCHING INSTRUMENTS (Regulation of the Ministerof Finance Number 113/PMK.04/2007 dated September 19, 2007) THE MINISTER OF FINANCE, Considering: a. that pursuant to the provision of Artide 26 paragraph (1) f of law Number 10 Year 1995 regarding Cus toms as alreadyamended by Law Number 17 Year 2006, the import of sea products caught by permft ted catching instrumentsisexempt fromimport duty; b. that having regards letter a and in order to execute the provision of Artide 26 sentence 3 of law Num ber 10 Year 1995 regarding Customs as already amendedby Law Number 17 Year 2006, it Is neces sary to stipulate a regulation of the Minister of Fi nance regarding the Exemption from Import Duty on the Import of sea Products caught by Pennitted catching Instruments; In view of: 1. Law Number 5 Year 1983 regarding the Exclusive Economy Zolle of Indonesie (ShItute Book of Repub lic of Indonesia Year 1983 Number 44, Supplement to Statute Book. Number 3260); 2. Law Number 10 Year 19Q5 (BN Number SB~2 pages 19A-20A, and so on) regarding the Cus toms (Statute Book of Republic of Indonesia Year 1995 Number75,Supplement to StatuteBook Num ber 3612) as alreadyamendedwith Law Number17 Year2006 (BNNumber7476pages23A~27Aand so on) {Statute Bookof Republic of IndonesiaYear 2006 Number 93, Supplementto Statute Book. Num ber 4661}; 3. Presidential Decree Number 20/P Year 2005 (BN Number 7;7"7pages Z!JA-30Aj; DECIDES: To sUpulale; THEREGULATION OFlHE MINISTER OF FINANCE RE GARDING niE EXEMPTION FROM IMPORT DUlY ON THE IMPORT OF SEA PRODUCTS CAUGHT RY PFRMTT TED CATCHING INSTRUMEIIITS Busine>s News 7611/1-11-2008 Artide 1 Referred to in this regulation as: 1. Customs law shall be Law Number 10 Year 1995 ~rding Custom$ P3 ~Iready emended by llIw Num ber 17 Year 2006. 2. Catching Instrument shall beone or i'l group of Indo n~<;i;m or farpign f1i'1ggffl shipS hi'lving thf>I'!qlJipmf'nt to catch or take sea products, including processing equlornent, alsohasalreadyobtainedthe pennit from the Indonesia government to catch or tak.e sea pro ducts. 3. Sea products shall be all kinds of sea plants, fish or anlmal which is fit for consumption like fish, shrimp, shell,and·crab !'lOt yet processedor alreadyprocessed in catching instrument. 4. Indonesian Economic Exclusive Zone shall be the outmost line and border nf Indonesian 5e(I territory as stipulated according to the law In force regarding Indonesian waters,coveringseabase, landunderthe ~ and the water above the sea with the outmost borderasfar as200 (two hundred)nautical milesfrom the sea base point line of the Indonesia region. 5. Customs office shall bean office within the Director ate General of Customs and Excise where the cus toms liabilitiesare settled in aa:ordancewith the pro visions of the customs law. 6. Minister is the Minister of Finance of Republic of In donesia. 1. Director General is the Director Generalof Customs and Excise. Artide 2 (l)The import of sea products alught and mken by catchinginstruments from the Indonesian EconomiC Exclusive Zone shall beexempt from import duty. (2) Theexemption from import duty as referred to para graph (l) shall be granted to importers securing li cense to undertak@ fism-ry hll<;ines.s and catch sea products in the Indonesia Economic Exclusive Zone. (3l)be .. 27A (3)The catching instruments as meant in paragraph (1), which are used by the importers as referred to in paragraph (1), either with the Indonesia flag or for eign flag, obliges to be completed with the Permit Letter of Fish Catching (SIPI) which is published by the related technical institution. Article 3 {l)To obtain the exemption from import duty as referred to in Article 2, importers shall apply for the exemp tion from import duty to the Minister through the Director General. (2)The application as referred at sentence 1 shall be completed with: a. license from related institution (API and fishery business license); b. Taxpayer Code Number (NPWP) and validation of Taxable Entrepreneur (PKP); c. Fishing permit (SIPI) (rom the related institution; d. list of the catching instruments to be used for catching or taking sea products; and e. Details of the estimated vcfuc of import duty on sea products exempt from import duty and im porting port. Article 4 (l)Based on the application as referred to in Article 3, approval or rejection shall hp i<:<:IIP,.L (2)ln case the application as referred to in Article 3 be inl] ClppmvPfi, the Director General on behalf of the Minister shall issue a dedsion on the exemption from import duty. (3)The decision on the exemption form import duty as referred to in paragraph (2) 2 shall contain the de tails of the estimated value of import duty on sea products exempt from import duty as well as the importing port which is appointed. (4)In case the application as referred to in Article 3 be ing rejected, the Director General or the appointed Business News 7611/1-11-2008 official shall issue notification about the rejection of application for the exemption from import duty by mentioning the reason for rejection. Article 5 In the case of the exemption from import duty as referred to in Article 4 paragraph (2) being given and seaproducts imported by importers being not suitable to the quantity mentioned in the decision on the ex emption from import duty, the difference shall be sub ject to the collection of import duty. Article 6 Provision regarding technical procedures for monitoring the exemption from import duty on the im port of sea products caught by licensed catching instru ments in the Indonesia Economic Exclusive Zone shall be regulated by a regulation of the Director General. Articie 7 Following the enforcement of this regulation, Decree of the Minister of finance N.umber 134/KMK.051 1997 regarding the Dispensation or the Relief of the Entrance Customs on the Import of the Sea Crop which is Caught with the catcher EQUipment which has ob tained the permit, is cancelled and stated not valid. Article 8 This regulation shall come into terce after .:so (thirty) days as from the date of stipulation. For public cognizance, ttus KegUl8tlon or the Minister of Finance ·shall be published by placing it in the State Gazette of the Republic of Indonesia. Stipulated in Jakarta On September 19, 2007 THE MINIS 11:.t< Uf fINANCE sgd. SRI MULYANI INDRAWATI