RESTRICTED GENERAL AGREEMENT ON TARIFFS AND TRADE ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE 20 January 1986 SUBSIDIES

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1 RESTRICTED GENERAL AGREEMENT ON TARIFFS AND TRADE l/5603/add.28/s PP ia ACCORD GENERAL SUR LES TARIFS DOUANIERS ET LE COMMERCE 20 January 1986 ACUERDO GENERAL SOBRE ARANCELES ADUANEROS Y COMERCIO Limited Distribution Original: English/ anglais/ Inglés SUBSIDIES Notifications Pursuant to Article XVI ;1 INDONESIA Supplement The following notification supplements the information appearing in L/5603/Add.28 with regard to the Export Certificate Programme. The present document reproduces the text of Minister of Finance Decree No. 434/KMK.01/1978, Minister of Finance Decree No. 269/KMK.01/1982, and Minister of Finance Decree No. 576/KMK.05/1984, which form the legal foundation of the Export Certificiite Programme. SUBVENTIONS Notifications conformément a. l'article XVI:1 INDONESIE Supplement La notification ci-après complète les renseignements contenus dans le document L/5603/Add.28 en ce qui concerne le Programme de certificats d'exportation. Le présent document reproduit le texte des décrets n ^3^/KMK.01/1978, 269/KMK.01/1982 et 576/KMK.05/198U du Ministre des finances, qui constituent le fondement juridique du Programme de certificats d'exportation. SUBVENCIONES Notificaciones conforme al pârrafo 1 del articulo XVI INDONESIA Suplemento Con la siguiente notificacion se compléta la informacion que figura en el documento L/5603/Add.28, relativa al Programa de Certificados de Exportacion. En el présente documento se reproduce el texto de los Decretos del Ministro de Finanzas N. OS U3U/KMK.01/1978, 269/KMK.01/1982 y 576/KMK.05/198U, que constituyen el fundamento.-juridico del Programa de Certificados de Exportacion

2 (I) L/5603/Add.28/Suppl.l page 2 - ~ooo FxNNf \ THE FACILITY OF EXEMPTION AND THE RIGHT OF EXEMPTION FROM IMPORT DUTY, IMPORT SALES TAX AND IMPORT MPO TAX (WAPU) ON BASIC MATERIALS AND OR COMPLEMENTARY MATERIALS AS WELL AS EASILY WORN OUT SPARE PARTS/ ACCESSORIES THAT ARE USED IN MANUFACTURING EXPORTED INDUSTRIAL PRODUCTS (Decree of the Minister of Finance No. 434/KMK.01/1978 dated November 15, 1978) Considering THE MINISTER OF FINANCE, : Chat vlchin Che framework of boosting the export of goods produced by the domestic industry from imported basic and or complementary mace rials as well as easily worn out spare parts/accessories, it Is ncces sary to improve the effective provisions concerning import duty and other levies. In view of : 1. The East Indies Tariff Law (Statute Book of 1924 No. 487) as alrea dy amended and supplemented; 2. The East Indies Auditing Law (Statute Book of 1925 No. 448) as al ready amended and supplemented lastly by Law No. 9/1968 (Statute Book of 1968 No. 53); - 3. The Corporate Tax Ordinance of 1925 as already anenced and supple p mented lastly by Law No. 8/1970 (Statute Book of 1970 No. 4 3); 4. The Ordinance of Rights (Statute Book of 1931 No. 471) as already amended and supplemented; 5. The Sales Tax Law of 1951 as already amended and supplemented lasc ly by Law No. 2/1968 (Statute Book of 1968 No. 14); 6. Law No. 8/1967; 7. The Regulation on Administrative Control (Statute 3ook of 1933 No..381); 8. Government Regulation dated March 31, 1937 (Statute Book of 1937 No. 184); 9. Government Regulation No.11/1967; DECIDES : To" stipulate : THE DECREE OF THE MINISTER OF FINANCE CONCERNING THE FACILITY C7& EXEMPTION FROM IMPORT DUTY, IMPORT SALES TAX AND IMPORT MPO TAX(WAPU) 4$ ON BASIC MATERIALS AND OR COMPLEMENTARY MATERIALS AS WELL EASILY WORN OUT SPARE PARTS/ACCESSORIES THAT ARE USED IN MANUFACTURING EXPORTLD INDUSTRIAL PRODUCTS. CHAPTER I ON THE FACILITY OF EXEMPTION FROM IMPORT DUTY, IMPORT SALES TAX AND IMPORT MPO TAX (WAPU) -\

3 Article 1 L/5603/Add.28/Suppl.x Page 3 Bdiitlt A " Companies which import basic materials and or complementary materials as well as easily worn out spare parts/accessories for use in manufacturing industrial produces that are really for exports, shall be granted an exemption of import duty, import sa les tax and import KPO tax (obligatory levy - WAPU) on the basic and or complementary materials as well as the easily worn out spare parts/accessories concerned. Article 2 Before the import of basic and or complementary materials as well as easily worn out spare parts/accossories as meant in Article 1, the companies concerned shall submit applications to the Minister of Finance cq. the Chief of the Territorial Offi ce or the Chief of the Customs and Excise Inspectorate at the port of import with a copy addressed to the Head of the local Tax Inspectorate by mentioning : a. Names and addresses of companies. b. Basic and or complementary materials as well as easily worn out spare parts /accès sories which will be imported with an exemption from import duty, imports sales tax and import MPO (WAPU). c. Types of industrial products which will be exported, and the quantity of each ty pe of basic and or complementary materials as well as easily worn out spare pares/ accessories which will be used for each unit of industrial products. d. Ports of import of basic and or complementary materials as well as easily worn out spare parts/accessories which will be imported with an exemption from import duty, import sales tax and import MPO tax (WAPU). e. Ports of export of the industrial products mentioned above. f. Latest fiscal certificates of the companies. Article 3 (1) The Chief of the Territorial Office or the Chief of the Customs and Excise Inspec torate as meant in Article 2 on behalf of the Minister of Finance, after scrutini zing the applications as meant in Article 2, shall grant the exemption from im port duty, import sales tax and import MPO tax (WAPU) to the basic and or comple mentary materials as well as the easily worn out spare parts/accessories concern ed by requesting for a foreign exchange bank guarantee or a written guarantee from the companies. (2) In the case of the companies choosing a foreign exchange bank, guarantee, the fol lowing requirements shall be fulfilled : a. The period of production process up to exports. b. Latest fiscal certificates of the companies. (3) In the case of the companies choosing a written guarantee the requirements i»«>o tioned in paragraph (2) shall also be fulfilled. (A) The company's gurantee as meant in paragraph (3) shall be In the form of a ment of debt acknowledgement. Article 4 state If within the period as meant in Article 3 paragraph (2) letter a and parag».. \ (3) the industrial products concerned are not exported, the import duty, import sales tax and import MPO tax (WAPU) originally exempted shall be paid and the effective bank interest be imposed.. CHAPTER II ON THE GRANTING OF THE RICHT OF EXEMPTION FROM IMPORT DUTY, IMPORT SALES TAX AND IMPORT MPO TAX ( WAPU ) Article S '/ (1) Companies which -export industrial products manufactured from basic and or comple mentary materials as well as easily worn out spare parts/accessories that are Ira

4 L/5603/Add.28/Suppl.l Page 4 # ported with the payment of, Import duty, import sales tax and import MPO tax CWAExhibit '" PU) shall be granted the right of exemption from import duty, import sales tax h imporc MPO tax (WÀPU) in the form of the Export Certificate. (2) The export certificate as meant in paragraph (1) shall be expressed In the rupiah whose amount is determined on the basis of a certain percentage of the export check prices of industrial products and the quantitites exported. The check pri ces mentioned above shall be fixed by the Minister of Trade and Cooperatives once in 6 (six) months. (3) The percentage as meant in paragraph (2) shall be determined once in 6 (six) months by the Minister of Trade at the proposal of the Minister of Industry. (4) The percentage which is used as the basis for calculating the value of the export certificate shall be the effective percentage on the dace of form Ê-3 of the industrial products concerned. (5) The export certificate shall be issued in the name of and be valid as a security. (6) The export certificate can be used "for the payment of taxes or be cashed at the state treasury. Article 6 1) In order to obtain the right of exemption from import duty, import sales tax and import MPO tax (WAPU) as meant in Article 5, the companies concerned shall submit applications to the Minister of Finance cq. the Chief of the Territorial Office or the Chief of the Customs and Excise Inspectorate at the port of exporc wich a copy addressed to the Head of the local Tax Inspectorate, by attaching a copy of * form E-3 of already exported industrial products and mentioning : a. Names and addresses of companies. b. Latest fiscal certificates of the companies. c. Industrial products which are exported. (2) The approval of the applications as meant in paragraph (1) shall be stipulated in a decision of the Chief of the Territorial Office or the Chief of the Customs and Excise Inspectorate issued on behalf of the Minister of Finance. (3) On the basis of the decision as meant in paragraph (2), the Chief of the Territo rial Office or the Chief of the Customs and Excise Inspectorate concerned shall issue the export certificate on behalf of the Minister of Finance. CHAPTER CLOSINC Article 7 III PROVISIONS The Director Ceneral of Customs and Excise, the Director- Ceneral of Taxes air 1 the Director Ceneral of Budgetary Affairs shall implement and provide further rule* on the realisation of provisions in this decree in their respective fields of author! r,, Article 8 This decree shall come into force as from November.16, Stipulated in Jakarta. On November 15, THE MINISTER OF FINANCE, sgd. ALI WARDKANA.-

5 L/5603/Add.28/Suppl.l Page 5 (ID THE AMENDEMENT AND ADDITION OF THE DECREE OF THE MINISTER OF FINANCE HO. 434/KMK. 01/1978 ON THE FACILITY AND RIGHT OF EXEMPTIONS FROM DUTY, IMPORT SALES TAX AND IMPORT-MPO (UAPU) ON BASIC AfJD OR COM PLEMENTARY MATERIALS AS UELL AS EASILY EXHAUSTED SPAREPART/ ACCESSORIES THAT ARE USED IN MANUFACTURING INDUSTRIAL PRO DUCTS FOR EXPORTS (Decree of the Minister of Finance No. 269/KMK.01/1982 dated April 22,1982) THE MINISTER OF FINANCE A <*^ Considering : that within the framework of implementing Government Regulation No. 1/1982 it is deemed necessary to amend and supplement the Decree of the Minister of Finance No.434/ KMK.01/1978 dated November In view of : 1. Government Regulation No. 1/ The Decree of the Minister of Finanee No. 434/KMK.01/ To stipulate 197Bî 3. The Joint Decree of the Minister of Finance and the Minister of Trade and Cooperatives No. 157/KMK.05/ /KpbA 11/1982 DECIDES : : THE DECREE OF THE MINISTER OF FINANCE CONCERNING THE AMENDMENT AND ADDITION OF THE DECREE OF THE MINISTER OF FINANCE NO. 434/KMK.01/1978 ON FACILITY AND RIGHT OF EXEMPTIONS FROM IMPORT DUTY, IMPORT SALES TAX AND IMPORT-MPO (UAPU) ON BASIC AND OR COMPLEMENTARY MATE RIALS AS UELL AS EASILY.EXHAUSTED SPAREPARTS/ACCESSO RIES THAT ARE USED IN MANUFACTURING INDUSTRIAL PRO DUCTS FOR EXPOHTS. Article 1 The provisions in Article 5 of tne Decree of the Minister of Finance No. 434/KMK.01/1978 shall be amended so that they read as the following : (1). Companies which export industrial products made of basic and complementary materials as well as easily exhausted spareparts/acce- j% ssories imported with the payment of import duty, import sales - tax and import-mpo/semi sell 'assessment (UAPU/tax collector), shall be granted the right of exemptions from import duty, import sales tax and import-mpo (UAPU) in the form of the export certifi cats. (2). The export certificate as meant in paragraph (1) shall be express, ed in the rupiah, the amount of which is determined on the basis of a certain percentage of the export check price of the industri al product concerned and the quantity of goods exported. The aforesaid check price shall be that fixbd by the Minister of Trade and Cooperatives every 6 (six) months. (3). The percentage as meant in paragraph (2) shall be fixed every 6 (six) months by the Minister of Finance at the proposal of the Minister of Industry.

6 L/5603/Add.28/Suppl.l Page 6 (4). The percentage used as the basis for the calculation of the value of the export certificate shall be that which is effective on the date of the commodity export notification (PEB) form of the indus trial product concerned. (5). The export certificate shall be issued uith names and shall be effective as securities. (6). The export certificate shall be similar to SKO/SPM (decision of authorisation/order of payment). Article 2 (1). The export certificate can be used for tax payment, be cashed at the State Treasury or the foreign exchange bank where the commodj. ty export notification document is signed. (2). In case of cashing foreign exchange bank has the account of the State Treasury office,.the foreign exchange bank can put it to the account of the State Treasury office and later submit a debit note and the original export certificate to the State Treasury office holding the account. (3). In case the cashing foreign exchange bank has no account of the - State Treasury office, the bank shall pay the value of the export certificate and then submit a claim by attaching the original export certificate to the other bank where the account of the State Treasury office is kept. The other bank shall pay the claim of the cashing bank by putting it to the account of the State Trea '- sury office, and submit a debit note and the original export certificate to the State Treasury office holding the account. (4). The imposition on the account of the State Treasury office and the submittance of the debit note an the original export certificate to the State Treasury office holding the account by the bank as mean in paragraph (2) and (3) shall be done on the same day. Article 3 The provisions in Article 6 of the Decree of the Decree of The minister of Finance No, 434/KMK. 01/1976 shall be amended so that they read as the following : (1). In order to obtain the right of exemptions from import duty, im - port sales tax and import MPO (UAPU) as mean in Article 5 of the Decree of the Minister of Finance No. 434/KMK.01/1978 as already amended by this decree, the companies concerned shall submit applications to the Minister of Finance for the attention of the Head of the Territorial Office or the Head of the Inspectorate of

7 L/5603/Add,28/Suppl.l Page 7 Customs and Excise at the port of exports uith a copy to the Head of the local Tax Inspectorate» by filling out forms VI and VII as well as export certificate forms at the foreigne_x change bank where the commodity export notification document is signed as indicated in the specimens of attachments I,II, III of the decree, and enclosing the fiscal certificate of the latest year. (2). The approval of the applications as meant in paragraph (1) shall be stipulated in a decision of the Head of the Export Section of the Territorial Office or the the Head of thelnapec torate of Customs and Excise on behalf of the Hinister of Finance. (3). On the basis of the decision as meant in paragraph (2) the Head of the Export Section of the Territorial Office or the Head of the Inspectorate concerned shall issue the export certificate on behalf of the minister of Finance. Article 4 This decree shall take effect as from the date of stipulation and shall be retroactively valid starting April 1, For public cognizance» this decree shall be published in the ' State Gazette of the Republic cf Indonesia. Stipulated in Jakarta On April 22» 1982 THE MNISTER OF FINANCE, sgd. ALI UARDHANA

8 L/5603/Add,28/Suppl.l Page 8 ATTACHAIENT 1 Number Enclosure Subject THE DECREE OF THE HINISTER OF FINANCE NO. 269/KMK.01/ 1982 dated April 22, Application for exemptions from import duty, import sales tax and import PlPO/Uapu (export certificate)..,date. To, The Ninister of Finance Attention The undersigned, Name of company Address Taxpayer No. Hereuith submits an application for the right of exemptions from import duty, import sales tax and import DPO/Uapu (export certificate) for the export the following industrial products : (quantity, types of goods) uith P.E.B. No dated... (foreign exchange bank). The check prices of the export certificate are and the percentages of the export certificate are The industrial products as meant above are made of ba sic materials, complementary materials and easily exhausted spareparts imported uith the payment of import duty, import sales tax and import PIPO/UAPU. Yours sincerely,

9 L/5603/Add.28/Suppl.l Page 9 ATTACHEEIfT II THE DECREE OF THE MINISTER OF FINANCE NO. 269/KMK.01/ 1982 dated April 22, Number : Enclosure i Subject ; Approval of exemptions from import duty, import sales tax and import MPO/Uapu (export certificate). date To, m After studying and examining your application, ue approve the request for the right of exemptions from import duty, import sales tax and import MPO/Uapu (export certificate) because you have exported the following industrial pro - ducts : (quantity, types of goods) on the basis of the export cer tificate check prices...and the export certificate percentages...uith P.E.B. No.... dated (list 2) from the port of to the FOB volume of Based on the above data and on the Decree of the Minister of Finance No. 434/KMK.01/1978 dated November jo. the Decree of the Minister of Finance No. 269 / KMK.01/1982 dated April 22, 1982, the Export Certificate No.... dated... to the value of Rp ( ) shall be granted in the name of : Company : Address : Tax payer No. : For THE. MINISTER OF FINANCE, 1. Original to the applicant; 2. 1st copy to the Tax Inspectorate; 3. 2nd copy to the foreign exchange bank; 4. 3rd copy to the legal bureau & public relations section of the Ministry of Finance; 5. File.

10 ATTACIIMI.HT III : TtlK DLCREC OF THE MINISTER OF TIMAHCE HUMDF.H : 2fi9/K)IK.0l /I 9fl2 DATi: : A r R 11, 22, 1982 SEniAL IIUMBLR SERIAL NUMBER SERIAL HUM.BE» EXPORT CERTIFICATE EXPORT CERTIFICATE EXPORT CERTIFICATE CRANTTD TO T'lt lx!'ort CERTIFICATE TO THE VALUE OF»? ( CRANTEO TO GRANTED TO : THE EXPORT CERTIFICATE TO THE VALUE OF:.i_).:THE EXPORT CERTIFICATE TO THE VALUE OF :!;;(_) :RP ( ) ~~ Rp ( ~*" ; FOR THE EXPORT " r INDUSTRIAL PRODUCTS I ;;<:: TOR THE EXTORT OF INDUSTRIAL PRODUCTS FOR THE EXPORT OF INDUSTRIAL PRODUCTS»S CONTAIN»'!! IN THE P.F.n. FORK u_: : :AS CONTAINED IN THE P.E.B. FORM M-HHEF DATED ; : ; NUMBER DATED t\$lo u-> Tlir nrckef l)f THE MINISTER OF BASED ON THE DECREE OF TUF. MINISTER OF FlNANCt NUMBER '. TWO-IK.01 / natf.n y.a FINANCE NUMBER OWKMX.01/197B DATED t-'.'mmh IS JO. THE DECREE. OK THE *"-^NOVEMBER li, 1978 JO. THE DECREE OF THE MNlb-iP Or FINANCE NUMBER : 2ft9/KMK.01/ yhlnister OF FINANCE NUMBER: 269/KNX.Ol/ I OS 2 DATED ATR1L 22, : :;:19B2 DATED APRIL 22, FrClSTER NUMBER, jr;ï RECISTER NUMBER PATE ::D ATE CUSTOMS I EXCISE OFFICE : : : : CUSTOMS & EXCISE OFFICE : AS CONTAINED IN THE COMMODITY EXPORT lu.;! NOTIFICATION FORM NUMBER. ;jf.dated BASED ON THE DECREE OF THE MINISTER OF FINANCE NUMBER 434/KHX.01/1978 DATED inovember 1J, 1928 JO. THE DECREE OF THE ;HIH1STER OF FINANCE NUMBER: 269/KMX.Ol/B2 I DATED APRIL 22, CASHED ON : IDATE I ;:_: : BANK ISSUED IN SICHATURE OF ELICIBLE COMPANY, ifull NAME & IDENTIFICA TION. DATE FOR THE MINISTER OF FINANCE,-"- (..) RECISTER HUHBER.... DATE CUSTOMS I EXCISE OFFICE: rs noo"

11 L/5603/Add.28/Suppl.l Page.11.- ^iîibif / (III) T H E AMENDMENT OF THE DECREE OF THE MINISTER OF FINANCE NO.269/KMK.0V1982 ON THE CHANGE AND ADDITION OF THE DECREE OF THE MINISTER OF FINANCE NO.434/KMK.01/1978 ON FACILITY OF EXEMPTION AND THE RIGHT TO EXEMPTION FROM IMPORT DUTY. IMPORT SALES TAX AND IMPORT-MPO TAX (WAPUJ ON BASIC MATERIALS AND OR COMPLEMENTARY MATERIALS AND EASILY WORN OUT SPARE PARTS/ ACCESSORIES THAT ARE USED IN THE MANUFACTURING OF INDUSTRIAL PRODUCTS FOR EXPORTS (Decree of the Minister of Finance No. E76/KMK.05/1984 ditad June ) - THE MINISTER OF FINANCE, ^Considering.: a. that within the framework of Increasing the export of commodities produced by domestic industries using the right to exemption from Import duty. Import sales tax and Import-MPO tax/vapu (semi self-assessment/tax collector) on basic materials ind or complementary ma terials and easily worn out spare parts/accessories from imports. It Is necessary to re view the period of validity of the right to exemption as meant above; In view of b. that in conjunction with the above consideration, It Is deemed necessary'to amend the Decree of the Minister of Finance No.269/KMK.01/1982 dated April 22, : I. Government Regulation No.1/1982; 2. The Decree of the Minister of Finance No.*3VKMK.01/1978; 3. The Decree of the Minister of Finance No.269/KMK.01/1982. D E C I D E S : To stipulate : THE DECREE OF THE MINISTER OF FINANCE CONCERNING THE AMENDMENT OF THE DECREE OF THE MINISTER OF FINANCE NO.269/KMK.01/1982 OH THE CHANGE AND ADDITION OF THE DECREE OF THE MINISTER' OF FINANCE NO.'O't/KKK e ON THE FACILITY OF EXEMPTION AND THE RIGHT TO EXEMPTION FROM IM PORT DUTY, IMPORT SALES TAX AND IMPORT-MPO TAX (WAPU) ON BASIC MATERIALS ANO OR COMPLEMENTA. RY MATERIALS ANO EASILY WORN OUT SPARE PARTS/ACCESSORIES THAT ARE USED IN THE MANUFACTURING OF INDUSTRIAL PRODUCTS FOR'EXPORTS. Article 1 " The provision In Article 1 paragraph (2) of the Decree of the Minister of Finance ^k shall be amended so that It reads as follows : No.269/KMK.01/1982 "(2) The export certificate as meant in paragraph (I) shall be put In the rupiah whose amount Is determined on the basis of a certain percentage of the export check price of the Industrial product concerned I the quantity exported. The check price as meant above shall be fixed by the Minister of Trade for a pe rlod of 12 (twelve) months." ~ "* Article II _i_ The provision In Article t paragraph (3) of the Decree of the Minister of Finance No. shall be amended so that It reads as follows : 269/KMK.01/19??. "(3) The percentage as meant in paragraph (2) shall be fixed for a period of 12 (twelve) months by the Mi nister of Finance at the proposal of the Minister of Industry. Article III This decree shall come into force as from July I, I98U. I......_. o 0o - Stipulated In Jakarta On June 26, I98*i THE MINISTER OF FINANCE sgd. RADIUS PRAWIR0