COPY OF REGULATION OF THE MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA NUMBER 69/PMK.04/2012 CONCERNING

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1 COPY OF REGULATION OF THE MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA NUMBER 69/PMK.04/2012 CONCERNING EXEMPTION OF IMPORT DUTY AND / OR EXCISE ON THE IMPORTED GOODS OF GIFTS / GRANTS FOR PURPOSES OF NATURAL DISASTER BY THE GRACE OF GOD ALMIGHTY MINISTER OF FINANCE, Considering : a. that under the provisions of Article 25 paragraph (1) letter d of Act Number 10 Year 1995 concerning Customs as amended by Act Number 17 Year 2006, the imported goods of gift / grant for the purposes of the natural disaster are given exemption of import duty; b. that based on the considerations as referred to in letter a, and in order to implement the provisions of Article 25 paragraph (3) of Act Number 10 Year 1995 concerning Customs as amended by Act Number 17 Year 2006, it is necessary to stipulate Regulation of the Minister of Finance on the Exemption of Import Duty and / or Excise on the Imported Goods Gifts / Grants for the purposes of Natural Disaster; In View of : 1. Act Number 10 Year 1995 concerning Customs (State Gazette of the Republic of Indonesia Year 1995 Number 75, Supplement to State Gazette of the Republic of Indonesia Number 3612) as amended by Act Number 17 Year 2006 (State Gazette of the Republic of Indonesia Year 2006 Number 93, Supplement to State Gazette of the Republic of Indonesia Number 4661); 2. Act Number 11 Year 1995 concerning Customs (State Gazette of the Republic of Indonesia Year 1995 Number 76, Supplement to State Gazette of the Republic of Indonesia Number 3613), as amended by Act Number 39 Year 2007 (State Gazette of the Republic of Indonesia Year 2007 Number 105, Supplement to State Gazette of the Republic of Indonesia Number 4755); 3. The Presidential Decree Number 56 / P Year 2010: DECIDES: To stipulate : REGULATION OF THE MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA CONCERNING EXEMPTION OF IMPORT DUTY AND / OR EXCISE ON THE IMPORTED GOODS OF GIFTS / GRANTS FOR PURPOSES OF NATURAL

2 DISASTER. MINISTER OF FINANCE CHAPTER I GENERAL PROVISIONS Article 1 In this Regulation of the Minister referred to as: 1. Customs Act is Act Number 10 Year 1995 concerning Customs as amended by Act Number 17 Year Disaster Management National Agency, hereinafter referred to as BNPB is Non-ministerial government agencies that are under and directly responsible to the President which was formed in order to carry out the duties and functions of disaster management operations. 3. Disaster Management Regional Agency, hereinafter abbreviated BPBD is the area that was formed to carry out the duties and functions of disaster management in the region. 4. Natural disaster is a disaster caused by the event or series of events caused by nature which include earthquake, tsunami, volcanic eruption, flood, droughts, hurricanes, and landslide. 5. Disaster Emergency Response is a series of activities carried out immediately at the time of the disaster to solve negative impacts, which include rescue and evacuation activities, possessions, fulfillment of basic needs, protection, and management of refugees, rescue, and recovery of infrastructure. 6. Rehabilitation is the repair and restoration of all aspects of the public service or a community to adequate levels in post-disaster areas with the goal of normalization or run fairly all aspects of government and society in postdisaster areas. 7. Reconstruction is the rebuilding of all the infrastructure and institutions in post-disaster areas, both at the government and the community with the main target of economic growth and development of social and cultural activities, the enforcement of law and order, and the rise of community participation in all aspects of social life in a post disaster. 8. Logistics is everything tangible and can be used to meet

3 - 3 - the basic needs of human life consists of food, clothing and shelter or derivatives such as food, medicine, clothing and accessories, water, sleep suits, and so on. 9. Equipment is all kind of tools and equipment that can be used to help the rescue and evacuation of affected communities, and the fulfillment of basic needs for the immediate restoration of vital infrastructure. 10. Customs Office is an office within the Directorate General of Customs and Excise where compliance customs obligations in accordance with the provisions of the Customs Act. 11. Minister is the Minister of Finance of the Republic of Indonesia. 12. Director-General means the Director General of Customs and Excise. 13. Customs and Excise Officers are employee of the Directorate General of Customs and Excise who is appointed in certain positions to perform certain tasks based Customs Act. CHAPTER II EXEMPTION OF IMPORT DUTY AND / OR EXCISE Article 2 (1) On the imported goods of gift / grant for the purpose of prevention the Natural Disaster is granted Exemption of import duty and / or excise. (2) Exemption of import duty and / or excise duty as referred to in the paragraph (1), is given under the following conditions: a. In the Disaster Emergency Response period; b. In transition period to rehabilitation and reconstruction, or c. Rehabilitation and Reconstruction period. (3) The condition as referred to in paragraph (2), expressed in writing by BNPB, BPBD, or Regional Government. (4) Exemption of import duty and / or excise as referred to in paragraph (1), is only given to goods entered through the entrance (entry point) of international aid that has

4 - 4 - been set by BNPB or BPBD. Part One Goods Shipment of Gifts / Grants Received Exemption of Import Duty and / or Excise Article 3 (1) Goods of gifts / grants for the purposes of prevention of Natural Disaster as defined in Article 2 paragraph (1), including Logistics and Equipment. (2) Equipment as referred to in paragraph (1), grouped into: a. A groups of motorized and / or heavy equipment, and b. Groups of goods other than motorized vehicles and / or heavy equipment. Part Two Subject Who Get Exemption of Import Duty and / or Excise Article 4 (1) The Applicants may submit an application for exemption of import duty and / or excise on the imported goods shipment of gift / grant referred to in Article 3 of the conditions during Disaster Emergency Response and the transition to rehabilitation and reconstruction are: a. Institution or agency engaged in public worship, charity, social, or cultural; b. The Central Government or Regional government, or c. International organizations or non-governmental foreign agencies. (2) The applicant can apply for exemption of import duty and / or excise on the imported goods shipment of gift / grant as referred to in Article 3 of the Rehabilitation and Reconstruction of past conditions are: a. Institution or agency engaged in public worship, charitable, social, or cultural, or b. Central Government or Regional Government. (3) In the case of applicants who filled for exemption of import duty and / or excise duty under the Rehabilitation and Reconstruction period referred to in paragraph (2) is an international or non-governmental

5 - 5 - foreign organizations, the petition is valid provision for exemption of import duty and / or taxes for international agencies and officials. (4) Institution or agency who submitted an application for exemption of import duty and / or excise duty as referred to in paragraph (1) letter a and paragraph (2) letter a, shall meet the following requirements: a. Institution or agency is a legal entity domiciled in the territory of the Republic of Indonesia; b. establishment of the legal agency as referred to in letter a made in accordance with acts and regulations as evidenced by a notary deed, and c. Institution or agencies are non-profit. Part Three The Proposed Of Exemption of Import Duty and / or Excise Article 5 (1) To obtain the exemption of import duty and / or excise on the imported goods shipment of gift / grant referred to in Article 3 of the conditions during Disaster Emergency Response and the transition to rehabilitation and reconstruction, the applicant as referred to in Article 4 paragraph (1) filled application in writing to the Director General through the Head of the Customs Office of the point of entry of goods by using the format as specified in Appendix I, which is an integral part of this regulation. (2) The application as referred to in paragraph (1) shall be accompanied by: a. list of facilities proposed exemption of import duty and / or excise, which has been validated by BNPB, BPBD, or Governor in the affected area or the point of entry of goods in outside the locations of Natural Disasters; b. letter from the giver of gift / grants abroad (gift certificate) that the procurement is not using Indonesian foreign exchange and there is a statement that the goods shipment of goods gifts / grants, and c. BNPB recommendations, BPBD, or Governor in the

6 - 6 - affected area or point of entry of goods are outside the locations of Natural Disasters. (3) In case the goods shipment of gift / grant as referred to in Article 3 are goods subjected to the provisions of prohibition and / or restriction on imports, in addition to fulfilling the provisions referred to in paragraph (2), the petition shall be accompanied by: a. letter of recommendation from the relevant technical agencies authorized to issue regulations regarding the prohibition and / or restriction of imported of goods, or b. List of item as referred to in paragraph (2) are validated by a letter or BPBD BNPB after a delegation of authority from the relevant technical agencies as referred to in letter a. (4) In the event that the applicant cannot attach a letter from the giver of gifts / grants abroad (gift certificate) as referred to in the paragraph (2) letter b, the applicant may attach a letter or affidavit of goods shipment of gift / grant using the format as contained in Appendix II that are an integral part of this regulation. (5) Upon the request of exemption of import duty and / or excise as referred to in paragraph (1), the Head of the Customs Office forwarding the request to the Director General of Customs and Excise Officers whom appointed. (6) the Director General of Customs and Excise Officers whom appointed on behalf of the Minister for approval or rejection of the application as referred to in paragraph (1) within a maximum period of 14 (fourteen) working days since the date of proposed received completely. (7) In the case of an application as referred to in paragraph (1) is approved, the Director General of Customs and Excise Officers whom appointed on behalf of the Minister shall issue a decision on the exemption of import duty and / or excise. (8) In the case of an application as referred to in paragraph (1) is rejected, the Director General of Customs and Excise Officers whom appointed on behalf of the Minister delivering a notice in which stating the reasons for rejection.

7 - 7 - Article 6 (1) To obtain the exemption of import duty and / or excise on the imported goods shipment of gift / grant referred to in Article 3 under the Rehabilitation and Reconstruction period, the applicant as referred to in Article 4 the paragraph (2) shall submit an application in writing to the Director-General or Officer Customs and Excise whom appointed using the format as specified in Appendix III which is an integral part of this Regulation of the Minister. (2) The application as referred to in paragraph (1) shall be accompanied by: a. details of the amount and type of goods for which asked for the exemption of import duty and / or excise its customs value; b. letter from the giver of gift / grants abroad (gift certificate) that the procurement is not using Indonesian foreign exchange and there is a statement that the goods shipment of goods gifts / grants, and c. Recommendation of BNPB or BPBD. (3) In case the goods shipment of gift / grant as referred to in Article 3 are goods subjected to the provisions of prohibition and / or restriction of imports, in addition to comply with the provisions as referred to in paragraph (2), the application must be accompanied by a letter of recommendation from the relevant technical agencies that authorized to issue regulations regarding the prohibition and / or restriction of on imports. (4) Upon the request of exemption of import duty and / or excise duty as referred to in the paragraph (1), the Director General of Customs and Excise Officers whom appointed on behalf of the Minister for approval or rejection within a maximum period of 14 (fourteen) working days since the date of proposed received completely. (5) In the case of an application referred to in paragraph (1) is approved, the Director General of Customs and Excise Officers whom appointed on behalf of the Minister shall issue a decision on the exemption of import duty and / or excise.

8 - 8 - (6) In the case of an application as referred to in paragraph (1) is rejected, the Director General of Customs and Excise Officers whom appointed on behalf of Minister delivering a notice in which stating the reasons for rejection. CHAPTER III EXPENDITURES OF THE IMPORTED GOODS USING GUARANTEE ('VOORUITSLAG) Part One Security Article 7 (1) Upon the imported goods shipment gift / grant for the purposes of Natural Disasters response given approval to use imported goods by using guarantee ( Vooruitslag). (2) The use of guarantee as described in the paragraph (1) are as follows: a. For the conditions during Disaster Emergency Response, and the transition to rehabilitation and reconstruction period by using a written guarantee appropriate legislation regarding customs in order to guarantee issued by the Head of BNPB, Head BPBD, or Regional Government officials of the lowest level of Echelon II. b. for Rehabilitation and Reconstruction of past conditions are used: 1) cash bond, customs bond or a bank guarantee (bank guarantee) in accordance with act on guarantees in the framework of customs on import goods shipment of gift / grant by the agency or institution as referred to in Article 4 the paragraph (2) letter a, or 2) a written guarantee according to act on guarantee In the framework of customs issued by the Central Government or Regional Government of the lowest level of Echelon II. Part Two Application For Releasing Of for Imported For Use By Using Guarantee ( Vooruitslag) Article 8

9 - 9 - (1) In the conditions during Disaster Emergency Response and the transition to rehabilitation and reconstruction, a letter of recommendation from: a. BNPB or BPBD; b. Governor in the affected area of Natural Disasters; or c. Governor in areas where the entering goods off-site Disaster, treated as a request for imported goods to be used by using guarantee ( vooruitslag) as referred to in Article 7 paragraph (1). (2) The applicant as referred to in Article 4 paragraph (1) a letter of recommendation as referred to in the paragraph (1) the Head of the Customs point of entry of goods by using the format as specified in Appendix IV which is an integral part of this regulation. (3) The Submission of letters of recommendation as described in paragraph (2) shall be accompanied by: a. list of proposed exemption of import duty and / or excise, which has been validated by BNPB, BPBD, or governor in the affected area or the point of entry of goods are in outside of the locations Natural Disasters; b. complimentary customs documents (invoice, packing list, bill of lading or airway bill); c. letter from the giver of gift / grants abroad (gift certificate) that the procurement is not using Indonesian foreign exchange and there is a statement that the goods shipment of gifts / grants, and d. Written Insurance from the Chief BNPB, Head BPBD, or Officer of the Central Government or Regional Government of the lowest level of Echelon II. (4) In the case of the goods shipment of gift / grant as referred to in Article 3 are goods subjected to the provisions of prohibition and / or restriction on imports, in addition to fulfilling the provisions as referred to in paragraph (2), the application shall be accompanied by: a. letter of recommendation from the relevant technical agencies authorized to issue regulations

10 regarding the prohibition and / or restriction on import of, or b. List of goods as referred to in paragraph (3) are validated by a letter or BPBD BNPB after a delegation of authority from the relevant technical agencies as referred to in letter a. (5) In the event that the applicant cannot attach a letter from the giver of gifts / grants abroad (gift certificate) as referred to in paragraph (3) c, the applicant attach a letter or statement letter of the goods shipment of gift / grant as referred to in Article 5 paragraph (4). (6) The provisions for attaching customs supporting documents as referred to in the paragraph (3) letter b, is except the importation of goods are transported by means of military transportation and was replaced by a cargo manifest signed by the leader of the military transport vehicle. Article 9 In a period of rehabilitation or reconstruction condition, the procedure for filing import expenditures to be used by using guarantee (vooruitslag) conducted in according with legislation and regulations concerning the release of imported goods to be used by using guarantee (vooruitslag). CHAPTER IV IMPORT CUSTOMS NOTIFICATION Article 10 (1) Customs Notification on the import shipment of gift / grant as referred to in Article 3 is done by using the notification of Special Import Declaration (PIBK). (2) The fulfillment of the customs administration of the Notification of Special Import Declaration (PIBK) which customs duty has not been settled carried out by attaching the decision on the grant of exemption of imported duty and / or excise which has been published on the file of Notification of Special Imported Goods (PIBK). CHAPTER V SETTLEMENT OF CUSTOMS NOTIFICATION

11 Article 11 Against the goods of shipment gifts / grants for the purposes of prevention Disaster in the form of motorized vehicles and / or heavy equipment as referred to in Article 3 the paragraph (2) letter a, which has been ruled by exemption of imported duty and / or excise, done by: a. Transfer; b. destroyed, or c. Re-exported. Part One Transferring Article 12 (1) Transfer as referred to in Article 11 letter a form of Transfer of rights, transfer of assets, or changes in the use of relief goods for other activities outside of its designation by receiving exemption of imported duty and / or excise. (2) To obtain the approval of the transfer as referred to in Article 11 letter a, the applicant shall submit a proposed to the Director General of Customs and Excise Officers whom appointed. (3) The applicant as referred to in paragraph (2) are: a. Institution or agency engaged in public worship, charity, social, or cultural; b. The central government or Regional Government, or c. International organizations or foreign agency nongovernmental organizations. (4) For motorized vehicles and heavy equipment, the application as referred to in paragraph (2) shall be submitted by the principal or authorized officer of the applicant as referred to in the paragraph (3) and shall be accompanied by: a. Decisions on granting exemption of import duty and / or excise; b. Special Import Declaration (PIBK) and

12 c. The Original physical evidence in the form of photographs, physical check engine number and chassis number of motor vehicles or heavy equipment. (5) In the event that the application as referred to in the paragraph (2) submitted for motorized vehicles, in addition to fulfilling the provisions as referred to in the paragraph (4), the petition shall be accompanied by Form B. (6) On the request as referred to in the paragraph (2) which meets the requirements as referred to in the paragraph (4), the Director General of Customs and Excise Officers whom appointed on behalf of the Minister for approval or rejection within a maximum period of 14 (fourteen) working days since the date of proposed received completely. (7) In the case of an application as referred to in paragraph (2) is approved, the Director General of Customs and Excise Officers whom appointed on behalf of the Minister shall issue a decision on the exemption of import duty and / or excise. (8) In the case of an application as referred to in paragraph (2) is rejected, the Director General of Customs and Excise Officers whom appointed on behalf of the Minister delivering a notice in which stating the reasons for rejection. Part Two Destruction Article 13 (1) To obtain the approval of destruction as defined in Article 11, the paragraph b, the applicant filed a petition to the Director General of Customs and Excise Officers whom appointed by stating the reasons for destroying. (2) The applicant as referred to in paragraph (1) is: a. Institution or agency engaged in public worship, charity, social, or cultural; b. The Central Government or Regional Government, or c. International organizations or non-governmental

13 foreign agency. (3) For motorized vehicles and heavy equipment, the application as referred to in paragraph (1) shall be accompanied by: a. The decision on the exemption of import duty and / or excise; b. The Notification of special Imported Goods (PIBK) and c. The original physical evidence in the form of photographs, physical check engine number and chassis number of motor vehicles or heavy equipment. (4) In the event that the application as referred to in paragraph (1) shall e submitted for motorized vehicles, in addition to fulfilling the provisions as referred to in the paragraph (3), the application shall be accompanied by Form B. (5) Upon the request as referred to in the paragraph (1) who has fulfilled the requirements as referred to in paragraph (3), the Director General of Customs and Excise Officers whom appointed on behalf of the Minister for approval or rejection within a maximum period of 14 (fourteen) working days since the date of proposed received completely. (6) In the case of an application as referred to in paragraph (1) is approved, the Director General of Customs and Excise Officers whom appointed on behalf of the Minister shall issue a decision regarding the approval of extermination without the obligation to pay imported duty and / or excise. (7) In the case of an application as referred to in paragraph (1) is rejected, the Director General of Customs and Excise Officers whom appointed on behalf of the Minister delivering a notification in which stating the reasons for rejection. Part Three Export Article 14 (1) To obtain approval as referred to in Article 11 letter c;

14 the applicant filed a petition to the Director General of Customs and Excise Officers whom appointed, reexported, by stating the reasons. (2) The applicant as referred to in the paragraph (1) is: a. Institution or agency engaged in public worship, charity, social, or cultural; b. The Central Government or Regional Government, or c. International organizations or non-governmental foreign agency. (3) For motorized vehicles and heavy equipment, the application as referred to in paragraph (1) shall be accompanied by: a. decision on the exemption of import duty and / or excise; b. Notification of Special Imported Goods (PIBK) and c. The original physical evidence in the form of photographs, physical check engine number and chassis number of motor vehicles or heavy equipment. (4) In the event that the application referred to in paragraph (1) shall for motorized vehicles, in addition to fulfilling the provisions referred to in paragraph (3), the application shall be accompanied by Form B. (5) Upon the request as referred to in the paragraph (1) which meets the requirements as referred to in paragraph (3), the Director General of Customs and Excise Officers whom appointed on behalf of the Minister for approval or rejection within a maximum period of 14 (fourteen) working days since the date of proposed received completely. (6) In the case of an application as referred to in paragraph (1) is approved, the Director General of Customs and Excise Officers who appointed on behalf of the Minister shall issue a decision regarding the approval of reexported without the obligation to pay import duty and / or excise. (7) In the case of an application as referred to in paragraph (1) is rejected, the Director General of Customs and Excise Officers whom appointed on behalf of the Minister

15 delivering a notification in which stating the reasons for rejection. CHAPTER VI CONTROL Article 15 (1) The shipment of imported of gift / grant given exemption of import duty and / or excise, as referred to in Article 2 the paragraph (1), customs examination including research papers and / or physical examination. (2) The exemption of import duty and / or excise that does not comply with the provisions regarding exemption of import duty and / or excise on the imported goods shipment of gift / grant is required to pay import duty and subject to administrative sanction in accordance with the laws and regulations in the field of customs. CHAPTER VII CLOSING PROVISIONS Article 16 With the enforcement of this regulation, the provisions of the outlay goods imported to be used by using guarantee (Vooruitslag) as referred to in Article 2 paragraph (3) Regulation of the Minister of Finance 160/PMK.04/2007 concerning the Expenditures for Imported Used By Using Insurance (Vooruitslag), is stated no longer valid for the Rehabilitation and Reconstruction of past conditions. Article 17 This Regulation of the Minister of Finance shall come into force on the date of its promulgation. For public cognizance, this Regulation of the Minister of Finance shall be promulgated by placing it in State Gazette of the Republic of Indonesia. Stipulated in Jakarta on May 7, 2012 MINISTER OF FINANCE OF THE REPUBLIC OF

16 INDONESIA, Signed. AGUS D.W. MARTOWARDOJO Promulgated in Jakarta on May 7, 2012 MINISTER OF JUSTICE AND HUMAN RIGHTS, Signed. AMIR SYAMSUDDIN STATE GAZETTE NUMBER 491 YEAR 2012 Appendix