CHAPTER XVI SANCTIONS
Article 60 1) Importers that have not fulfilled the following obligations
a. Importers have implemented the obligations in accordance with provisions of laws and regulations;
b. there is a proposal to revoke the imposition of sanctions by the directorate-general whose duties and functions are in the sector of consumer protection and orderly commerce; or
c. there is a proposal to revoke the imposition of sanctions by the relevant ministry or non-ministerial government agency.
Article 59
Technical Inspection services before implementing the obligations of Import realization report and/or distribution realization report.
(2) Distribution realization report as referred to in paragraph (1) letter b on:
a. Goods which are imported by Importers that have NIB which is valid as API-U; or
b. Goods from processing results or Goods from production results which are imported by Importers that have NIB which is valid as API-P,
which has been realized until the validity period of Business Licensing in the Import sector expires.
(3) Importers that have not submitted the Import realization report as referred to in Article 51 paragraph (1) are unable to resubmit an application for certificate before implementing the obligation of report on the realization of exemption.
(4) Importers that violate provisions on Import policy and arrangements whose Business Licensing in the Import sector has expired shall be subject to the following sanctions:
a. recommendation for the revocation of NIB which is valid as API;
b. revocation of Business Licensing in the Import sector that is still valid;
c. suspension of the process of issuing Business Licensing in the Import sector;
d. suspension of the process of issuing the certificate; and/or
e. recommendation for the suspension of Verification or Technical Inspection services.
(5) The sanctions as referred to in paragraph (4) shall be conducted based on the supervision results from the directorate-general whose duties and functions are in the sector of consumer protection and orderly commerce or proposals from the relevant ministry or non-ministerial government agency.
Article 61
(1) Importers that import Goods that fail to comply with the provisions of this Regulation of the Minister may be subject to sanctions in accordance with provisions of laws and regulations.
(2) Goods imported that fail to comply with the provisions of this Regulation of the Minister must be re- exported, destroyed, withdrawn from distribution, or may be treated otherwise in accordance with provisions of laws and regulations.
(3) Costs for the implementation of re-export, destruction, or withdrawal from distribution as referred to in paragraph (2) shall be borne by Importers.
(4) Importers that fail to implement the provisions as referred to in paragraph (2) and/or paragraph (3) are unable to re-submit application for Business Licensing in the Import Sector and/or Verification or Technical Inspection services for 1 (one) year based on information from the Directorate-General of Customs and Excise, the Ministry of Finance or the Directorate-General of Consumer Protection and Orderly
Commerce.
CHAPTER XVII
DISRUPTION TO THE INATRADE SYSTEM AND/OR THE INDONESIA NATIONAL SINGLE WINDOW SYSTEM
Article 62
(1) In the event of a disruption that results in the INATRADE System and/or the SINSW not functioning:
a. the submission of applications to secure:
1. Business Licensing in the Import sector as referred to in Article 5 paragraph (1);
2. amendment to Business Licensing in the Import sector as referred to in Article 12 paragraph (5);
3. extension of Business Licensing in the Import sector as referred to in Article 15 paragraph (3);
4. certificate as referred to in Article 37 paragraph (1); or
5. amendment to the certificate as referred to in Article 45 paragraph (5); and/or b. the submission of reports on:
1. realization of Imports as referred to in Article 50 paragraph (1); or
2. Import realization and/or distribution report as referred to in Article 50 paragraph (2), shall be submitted to the Minister manually through the Trade Integrated Service Unit I.
(2) If the application for the issuance, amendment, and extension of Business Licensing in the Import sector as referred to in paragraph (1) letter a number 1, number 2, and number 3 is declared complete in accordance with the requirements, the Director-General on behalf of the Minister shall issue:
a. Business Licensing in the Import sector;
b. amendment to Business Licensing in the Import sector; and c. extension of Business Licensing in the Import sector,
no later than 15 (fifteen) business days from the date the application is received by a team member as a functional official who has access rights to commence the processing of Business Licensing in the Import sector.
(3) If the application for the issuance, amendment, and extension of Business Licensing in the Import sector as referred to in paragraph (1) letter a number 1, number 2, and number 3 is declared not in accordance with the requirements, the Director-General on behalf of the Minister shall issue:
a. rejection letter for the issuance of Business Licensing in the Import sector;
b. rejection letter for the amendment to Business Licensing in the Import sector; and c. rejection letter for the extension of Business License in the Import sector,
no later than 15 (fifteen) business days from the date the application is received by a team member as a functional official who has access rights to commence the processing of Business Licensing in the Import sector.
(4) If the application for a certificate as referred to in paragraph (1) letter a number 4 and number 5 is declared complete in accordance with the requirements, the Director-General on behalf of the Minister shall issue the certificate.
(5) If the application for a certificate as referred to in paragraph (1) letter a number 4 and number 5 is declared not in accordance with the requirements, the Director-General on behalf of the Minister shall issue a rejection letter for the issuance of the certificate.
(6) The isssuance or rejection of Business Licensing in the Import sector as referred to in paragraph (2) and paragraph (3) as well as the issuance or rejection of certificate as referred to in paragraph (4) and paragraph (5) shall be delivered to Importers with a copy to the Head of the National Single Window Institution.
Article 63
(1) In the event of a disruption that results in the INATRADE System and/or SINSW not functioning, the imposition of administrative sanctions in the form of:
a. reprimand, suspension, and revocation of Business Licensing in the Import sector as referred to in Article 53 paragraph (1), paragraph (2) letters a and letter c, Article 55 letter a, Article 57 paragraph (1) letter b, as well as reinforcement of the suspension of Business Licensing in the Import sector as referred to in Article 56 letter a;
b. warning, suspension, and revocation of certificate as referred to in 54 paragraph (1), paragraph (2), and paragraph (3) letter b, Article 55 letter c, and Article 57 paragraph (1) letter c, as well as reinforcement of the suspension of certificate as referred to in Article 56 letter d;
c. suspension of the issuance, amendment, and extension of Business Licensing in the Import sector as referred to in Article 53 paragraph (2) letter b and/or suspension of the issuance of Business Licensing in the Import sector as referred to in Article 53 paragraph (2) letter d and Article 55 letter b, as well as revocation of the suspension of the issuance of Business Licensing in the Import sector as referred to in Article 56 letter b and letter c; and
d. suspension of the issuance of certificate as referred to in Article 54 paragraph (3) letter a and letter c, and Article 55 letter d, as well as revocation of the suspension of the issuance of certificate as referred to in Article 56 letter e and letter f,
shall be conducted manually by the Director-General on behalf of the Minister.
(2) The imposition of administrative sanctions as referred to in paragraph (1) shall be delivered to Importers with a copy to the Head of the National Single Window Institution.
(3) In the event of a disruption that results in the INATRADE System and/or the SINSW not functioning, the imposition of administrative sanctions in the form of recommendation for the suspension of Verification or Technical Inspection services as referred to in Article 53 paragraph (2) letter e, Article 55 letter f, and revocation of the recommendation for the suspension of Verification or Technical Inspection services as referred to in Article 56 letter g and letter h, shall be submitted manually by the Director-General on behalf of the Minister to the Surveyor, with a copy to the Head of the National Single Window Institution.
CHAPTER XVIII SUPERVISION
Article 64
(1) Supervision shall be implemented on the implementation of Import policy and arrangements in the organization of Foreign Trade in accordance with provisions of laws and regulations that regulate the implementation of supervision of Trade activities.
(2) Supervision as referred to in paragraph (1) shall be conducted on the compliance of Business Actors in fulfilling Business Licensing in the Import sector for certain Goods.
(3) Examination of the fulfillment of Business Licensing in the Import sector as referred to in paragraph (2) shall be conducted after passing through the Customs Area (post border).
(4) Importers must retain the documents of Business Licensing in the Import sector as referred to in
paragraph (2) and Import Notification letter for certain Goods for at least 5 (five) years for the examination purposes as referred to in paragraph (3).
(5) Supervision as referred to in paragraph (1) shall be implemented by the directorate-general which organizes duties and functions in the sector of consumer protection and orderly commerce.
(6) Supervision as referred to in paragraph (3) may be conducted in coordination with the directorate-general which organizes duties and functions in the foreign Trade sector.
(7) If necessary, supervision of Trade activities as referred to in paragraph (3) may be conducted in the Customs Area in cooperation with the directorate-general in charge of customs.
(8) Certain types of Goods as referred to in paragraph (2) are listed in Appendix I and Appendix II which constitute an integral part of this Regulation of the Minister.
Article 65
(1) In order to strengthen supervision on the implementation of the national strategic program of the corruption prevention for certain types of Goods, supervision shall be conducted on the obligation to include Business Licensing in the Import sector and/or Surveyor Report in the Import Customs Notification document.
(2) Importers as referred to in paragraph (1) must notify the number or volume of certain Imported Goods in the Import Customs Notification by using the type of Goods unit as stated in the Business Licensing in the Import sector in accordance with provisions of laws and regulations in the customs sector.
(3) The number or volume of Imported Goods as referred to in paragraph (2) shall not exceed those stated in the Business Licensing in the Import sector in accordance with provisions of laws and regulations in the customs sector.
(4) Importers that fail to conduct the obligation to include Business Licensing in the Import sector and/or Surveyor Report in the Import Customs Notification document as referred to in paragraph (1) for certain Goods as referred to in paragraph (4) are unable submit an Import Customs Notification document.
(5) Toward the supervision on the obligation to include Business Licensing in the Import sector and/or Surveyor Report as referred to in paragraph (1), an examination of the fulfillment of Business Licensing in the Import sector in Import Customs Notification document shall be conducted by the directorate-general that organizes duties and functions in the sector of consumer protection and orderly commerce.
(6) Supervision as referred to in paragraph (1) shall be implemented in accordance with provisions of laws and regulations that regulate the implementation of supervision on Trade activities.
(7) Certain types of Goods as referred to in paragraph (1) are listed in Appendix VIII which constitutes an integral part of this Regulation of the Minister.
Article 66
(1) The Minister jointly with the relevant ministers or heads of non-ministerial government agencies may evaluate the implementation of Import policy and arrangements whose examination is conducted in the Customs Area or after passing through the Customs Area (post-border).
(2) Evaluation as referred to in paragraph (1) may be conducted at any time if necessary.
CHAPTER XIX
MISCELLANEOUS PROVISIONS
Article 67
(1) In the event that this Regulation of the Minister provides options that do not regulate, are incomplete or unclear, and/or there is government stagnation, the Minister may conduct discretion to overcome concrete problems in the organization of government affairs related to Import policy and arrangements in
accordance with provisions of laws and regulations.
(2) Importers and/or ministries or non-ministerial government agencies may submit an application for discretion electronically to the Minister through the SINSW.
(3) The Minister shall issue a discretion by using a wet stamp and signature and upload it through the INATRADE System which is forwarded to the SINSW.
CHAPTER XX
TRANSITIONAL PROVISIONS
Article 68