Mar

17

Indonesia Customs and Excise Activity Guarantee Rules Change Starting in 2023

The government changed the provisions regarding guarantees in the context of customs and excise activities. Minister of Finance Sri Mulyani Indrawati issued Minister of Finance Regulation No. 168/PMK.04/2022 concerning Guarantees in the Context of Customs and Excise Activities ("PMK 168/2022") regarding guarantees in the customs framework that took effect on January 1, 2023. This was done to improve services to the public and ensure legal certainty for the user in the field of customs and excise.

Article 3 PMK 168/2022 states that guarantees are used to guarantee state levies or fulfill the obligation to submit guarantees required under the provisions of laws and regulations in Indonesia in the field of customs and/or excise. In the event of default, the guarantee will be disbursed or claimed for the fulfillment of state levies, including administrative sanctions in the form of fines and/or interest to the Customs and Excise office.

Guarantees required for customs and/or excise activities can be in the form of:

  1. Guarantees that are used once, namely guarantees that are submitted in a particular form or type and amount that can only be used on a one-time basis for customs or excise activities.
  2. Guarantees that are used continuously, namely guarantees that are submitted in the form or type and a certain amount that is used with the provisions that the guarantee submitted is reduced for each payment of state levies until the guarantee is exhausted, or a fixed guarantee within an unlimited time limit so that each payment of state levies is carried out without reducing the guarantee submitted.

The forms or types of guarantees are in the form of cash guarantees, bank guarantees, guarantees from insurance companies, guarantees from the Indonesian Export Financing Agency or Lembaga Pembiayaan Ekspor Indonesia (LPEI), guarantees from guarantee institutions, corporate guarantees, written guarantees, tangible asset guarantees and other guarantees. The form or type is determined by issuing a decree from the Head of the Customs and Excise office.

The value of the collateral submitted is at least the amount of the state levy owed or a specific value required in the obligation to submit guarantees under statutory provisions. The amount of this guarantee value will be stated in the certificate or letter of guarantee, unless the form is a corporate guarantee.

The minimum period for the submitted guarantee follows the period of a permit for delaying the payment of state levies in the context of customs activities permit for the release of imported goods to be used by submitting a guarantee, or exemption plus the period for submitting reports until the inspection of the export of goods with the exemption of imports for export purposes.

Guarantees that have been received by issuing proof of guarantee acceptance can be returned to the guarantor if all customs and/or excise obligations have been fulfilled or the obligation to submit guarantees has been abandoned, in accordance with the provisions of regulations and law in Indonesia in the field of customs or excise.

If you, a prospective client, have further inquiries about the topic discussed above, Schinder Law Firm is one of many corporate law firms in Indonesia that has handled similar matters, with many experienced and professional civil lawyers in its arsenal, making it one of the top consulting firms in Indonesia. Feel free to contact us at info@schinderlawfirm.com for further consultation.

Author: Dewi Susanti

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Dear valued Visitor,

Data is a valuable currency in this new world. In the midst of digital transformation, the Indonesian government has taken the final decision to pass the Pelindungan Data Pribadi (PDP) Bill by September 2022. The PDP Law applies to all businesses established in Indonesia and puts the consumer in control. The task of complying with this regulation falls upon businesses.

The PDP Law affects a variety of business operations, including how your sales team prospect and how marketing initiatives are managed. Businesses have had to reassess their business procedures, applications, and forms. Additionally, all businesses that work with personal data should designate a Data Protection Officer (DPO) or data controller to oversee PDP compliance.

In line with this spirit, it gives us great pleasure to announce and share with all our esteemed clients and business associates that Schinder Law Firm is prepared to assist your company to understand the impacts of the Personal Data Protection Law (PDPL) and take the required measures to comply with the law. Our Privacy, Data Protection, and Cybersecurity practice group is a pioneer in providing data privacy law services in Indonesia. Personal data protection services include but are not limited to:

  • Assessing the existing systems, processes, and controls, etc.
  • Providing provide gap assessment on the existing systems, processes, and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDP Law
  • Developing policies, best practices, and procedures
  • Advising on the security of personal data and managing data breaches
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role, and responsibilities of a data protection officer
  • Advising on cross-border transfers of personal data
  • Carrying out data protection impact assessments and data protection audits
  • Recommending other necessary corrective actions in order to comply with the PDP Law
  • Training on the PDP Law tailored to clients’ businesses

We look forward to many more opportunities in the year ahead with your continued support and trust. For consultation, please send us a WhatsApp or Email.

Warmest regards,
Naz Schinder
Managing Partner

Keep Up with the New Law in Indonesia: Personal Data Protection

  • Assessing the existing systems, processes and controls, etc.
  • Providing provide gap assessment on the existing systems, processes and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDPL.
  • Developing policies, best practices and procedures.
  • Advising on security of personal data and managing data breaches.
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role and responsibilities of a data protection officer.
  • Advising on cross-border transfers of personal data.
  • Carrying out data protection impact assessments and data protection audits.
  • Recommending other necessary corrective actions in order to comply with the PDPL.
  • Training on the PDPL tailored to clients’ businesses.
Privacy, Data Protection and Cyber Security
We help our clients to understand the impact of the Personal Data Protection Law (PDPL) on their companies and take the required measures to comply with the law.