Gov’t Issues New Regulation on Natural Resources Export

In a bid to implement provisions on Export Revenues from Natural Resources Business Activities, the Government deems it necessary to issue a Regulation of Minister of Finance on Tariffs for Administrative Sanctions in the Forms of Fines for Violation of Provisions on Export Revenues from Natural Resources Business Activities.

In this regard, Indonesian Minister of Finance Sri Mulyani Indrawati on 1 July 2019 signed Regulation of Minister of Finance Number 98/PMK.04/2019 on Tariffs for Administrative Sanctions in the Form of Fines and Procedures for Imposing, Collecting and Depositing Administrative Sanctions in the Form of Fines for Violations of Export Revenues from Natural Resources Business Activities.

The regulation states that export revenues from natural resources (DHE SDA) in the exported goods of mining, plantation, forestry, and fisheries must be included in the Indonesian financial system into the special DHE SDA account at foreign exchange banks no later than the end of the third month from the registration of export customs notification.

The special account, according to the regulation, may be used by exporters to pay export duties and other export-related levies; loan; import; profit/dividend; and/or other requirements for investment as stipulated in Article 8 of Law Number 25 of 2007 on Investment.

Furthermore, if the exporter fails to place their DHE SDA into the special DHE SDA account within a predetermined period of time, exporters shall be subject to a fine of 0.5 percent of their DHE SDA value that has not been placed into the special DHE SDA account.

In the meantime, in the event that exporter uses special account for payments outside of the provisions as intended, exporters shall be subject to a fine of 0.25 percent of the value of DHE SDA used for payments outside of the provisions.

“For exporters who fail to open escrow accounts as intended or move escrow accounts made in overseas banks, exporters are subject to administrative sanctions in the form of postponing the provision of customs services in the export sector,” Article 8 paragraph (3) of the regulation reads.

The collected fines will be deposited to the state treasury as non-tax state revenues.

The regulation also stipulates that if within 30 days from the date of the third bill issued the exporter fails to meet his/her obligations, exporters will be subject to administrative sanctions in the form of postponing the provision of customs services in the export field.

“This Ministerial Regulation shall apply as of the date of its promulgation,” Article 17 of the Regulation which was promulgated by Director General of Legislations of Ministry of Law and Human Rights Widodo Ekatjahjana on 1 July 2019 reads. (JDIH Kemenkeu/ES)

Translated by: Galuh Wicaksono
Edited by: Muhardi/Muhammad Ersan Pamungkas