CHAPTER XVI SANCTIONS
Article 56 Administrative sanctions in the form of
a. suspension of Business Licensing in the Import sector as referred to in Article 53 paragraph (2) letter a and letter c, and/or Article 55 letter a shall be reinforced, in the event that Importers:
1. have implemented the obligation of Import realization report as referred to in Article 50 paragraph (1) as long as Business Licensing in the Import sector as referred to in Article 7 paragraph (1) and paragraph (2), Article 13 paragraph (1) and paragraph (2), and/ or Article 16 paragraph (1) and paragraph (2) is still valid;
2. have issued an order to terminate the investigation by an investigator; and/or
3. have been proven not guilty or acquitted of all legal charges based on a court decision that has permanent legal force;
b. 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 shall be revoked, in the event that Importers have implemented the following obligations:
1. Import realization report as referred to in Article 50 paragraph (1); or
2. Import realization report and/or distribution realization report as referred to in Article 50 paragraph (1) and paragraph (2);
c. suspension of the issuance of Business Licensing in the Import sector as referred to in Article 55 letter b shall be revoked, in the event that Importers:
1. have been issued an order to terminate the investigation by an investigator; or
2. have been proven not guilty or acquitted of all legal charges based on a court decision that has permanent legal force;
d. suspension of the certificate as referred to in Article 54 paragraph (2), Article 54 paragraph (3) letter b, and/or Article 55 letter c shall be reinforced, in the event that Importers:
1. have implemented carried out the obligation as referred to in Article 51 paragraph (1) as long as the certificate is still valid, for a certificate that is valid for 1 (one) submission of Import Customs
Notification or for a certificate that is valid for more than 1 (one) submission of Import Customs Notification;
2. have been issued an order to terminate the investigation by an investigator; and/or
3. have been proven not guilty or acquitted of all legal charges based on a court decision that has permanent legal force;
e. suspension of the issuance of certificate which is valid for more than 1 (one) submission of Import Customs Notification or for 1 (one) submission of Import Customs Notification as referred to in Article 54 paragraph (3) letter a and/or letter c shall be revoked, in the event that Importers have implemented the obligation of realization report as referred to in Article 51 paragraph (1);
f. suspension of the issuance of certificates which are valid for more than 1 (one) submission of Import Customs Notification or for 1 (one) submission of Import Customs Notification as referred to in Article 55 letter d and letter e shall be revoked, in the event that Importers:
1. have been issued an order to terminate the investigation by an investigator; or
2. have been proven not guilty or acquitted of all legal charges based on a court decision that has permanent legal force;
g. recommendation to suspend Verification or Technical Inspection services as referred to in Article 53 paragraph (2) letter e shall be revoked, in the event that Importers have implemented the following obligations:
1. Import realization report as referred to in Article 50 paragraph (1); or
2. Import realization report and/or distribution realization report as referred to in Article 50 paragraph (1) and paragraph (2); and/or
h. recommendation to suspend Verification or Technical Inspection services as referred to in Article 55 letter f shall be revoked, in the event that Importers:
1. have been issued an order to terminate the investigation by an investigator; or
2. have been proven not guilty or acquitted of all legal charges based on a court decision that has permanent legal force.
Article 57
(1) Importers shall be subject to administrative sanctions in the form of:
a. recommendation for the revocation of NIB which is valid as API, in the event that:
1. they commit violations in the customs sector based on information from the Directorate- General of Customs and Excise, the Ministry of Finance; or
2. they are declared guilty based on a court decision that has permanent legal force for a crime related to the misuse of NIB which is valid as API;
b. revocation of Business Licensing in the Import sector, in the event that:
1. they are proven to trade and/or handover Imported Goods that have been imported to other parties, for Importers that have NIB which is valid as API-P, except for:
a) Goods in the form of remaining Raw Materials and/or Auxiliary Materials as referred to in Article 2 paragraph (16) letter a;
b) capital Goods which are imported in new condition by API-P which have been used for a minimum period of 2 (two) years as referred to in Article 2 paragraph (16) letter b;
c) manufactured Goods as complementary Goods, manufactured Goods for market test purposes, and/or manufactured Goods for after-sales services as referred to in Article 2 paragraph (16) letter c, Article 44, and Article 48; or
d) Goods which are traded or handed over by Business Actors in the form of business entities that hold oil-and-gas processing Business Licensing as well as oil-and-gas trading Business Licensing as determined by the minister who organizes government affairs in the energy and mineral resources sector as referred to in Article 2 paragraph (16) letter d;
2. discrepancies are found in the requirement documents and data or information on application for Business Licensing in the Import sector, amendment to Business Licensing in the Import sector, or extension of Business Licensing in the Import sector;
3. they are proven to have committed a violation based on an assessment and recommendation from the directorate-general which organizes duties and functions in the sector of consumer protection and orderly commerce, or related technical agencies;
4. they import Goods with types and/or numbers that do not match the data or information contained in the Business Licensing in the Import sector;
5. they are proven to have altered information contained in Business Licensing in the Import sector and/or Surveyor Report;
6. they commit violations in the customs sector based on information from the Directorate- General of Customs and Excise, the Ministry of Finance; or
7. they are declared guilty based on a court decision which has permanent legal force for a crime related to misuse of Business Licensing in the Import sector and/or Surveyor Report;
and/or
c. revocation of the certificate, in the event that:
1. discrepancies are found between the requirement documents and data or information on the application for a certificate;
2. they import Goods with types and/or numbers that do not match the data or information contained in the certificate;
3. they are proven to have altered the information contained in the certificate;
4. they commit violations in the customs sector based on information from the Directorate- General of Customs and Excise, the Ministry of Finance; or
5. they are declared guilty based on a court decision that has permanent legal force for a crime related to misuse of certificate.
(2) Importers that have been subject to a sanction in the form of the revocation of NIB which is valid as API by the head of a management and organization institution of the OSS System, the revocation of Business Licensing in the Import sector as referred to in paragraph (1) letter b, and/or revocation of the certificate as referred to in paragraph (1) letter c, are unable to re-submit the application for Business Licensing in the Import sector, Surveyor Report, and/or certificate for 1 (one) year from the date of revocation of NIB which is valid as API, revocation of Business Licensing in the Import sector, and/or revocation of certificate.
Article 58
(1) In addition to being subject to the administrative sanctions as referred to in Article 53 up to Article 57, Importers may be subject to other administrative sanctions in the form of:
a. suspension of the issuance of Business Licensing in the Import sector;
b. suspension of Business Licensing in the Import sector;
c. revocation of Business Licensing in the Import sector;
d. suspension of Verification or Technical Inspection services;
e. suspension of Surveyor Report; and/or f. revocation of Surveyor Report.
(2) The administrative sanctions as referred to in paragraph (1) shall be conducted based on:
a. provisions of laws and regulations;
b. recommendation on the supervision results conducted by the directorate-general whose duties and functions are in the sector of consumer protection and orderly commerce; or
c. proposal/recommendation from relevant ministry or non-ministerial government agency.
(3) Administrative sanctions in the form of:
a. suspension of the issuance of Business Licensing in the Import sector as referred to in paragraph (1) letter a shall be revoked; or
b. suspension of Business Licensing in the Import sector as referred to in paragraph (1) letter b shall be reinforced,
in the event that:
a. Importers have implemented the obligations as regulated in 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.
(4) Administrative sanctions in the form of:
a. suspension of Verification or Technical Inspection services as referred to in paragraph (1) letter d shall be revoked; or
b. suspension of the Surveyor Report as referred to in paragraph (1) letter e shall be reinforced, in the event that:
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