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:
- 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.
- 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.
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Author: Dewi Susanti