Big News for yachts visiting Indonesia - PIB Customs Bond eliminated

by Linda Cartlidge/Sail-World Cruising on 19 Nov 2011 It's big news for long range cruising sailors! PIB Customs Bond for yachts visiting Indonesia has been eliminated by the Indonesian Customs Department and will be replaced with a new and more amicable system next month. Asia Pacific Superyachts Indonesia was officially given the news in a meeting in Denpasar, Bali on 16 November 2011.

Richard Lofthouse of Asia Pacific Superyachts (APS) Indonesia reports, 'The PIB Bond was a well-intentioned law that was often misapplied to visiting private yachts. Whilst there are no recorded cases of any vessel signing off on the staggering bond - 48% of the value of the boat – it more often than not became the preamble to separate negotiations, none of which were in favour of the visitors.'

The regulations that covered visiting yachts were always so difficult for individual yachts to overcome, most long range cruising yachts took the option of joining a rally from Darwin in Australia to Indonesia to overcome the problems. Along with other arrangements, the rallies organised the necessary paperwork for the rally yachts.

The PIB Bond was in fact only one of four options available to visiting yachts, noted Richard; 'However, it was the only one which involved a cash transaction and so became the preferred option of certain Customs officials. It quickly became infamous in yachting circles. To many familiar with Indonesia’s stunning cruising grounds, the news of the total removal of the Bond and the more relaxed regulations will be very welcome news!'

Asia Pacific Superyachts is the leading superyacht management company in Indonesia, bringing in many yachts ranging from 25m to 95m into Indonesia over the last five years. General Manager Richard Lofthouse, a strong advocate for the removal of the PIB Bond, states: 'Whilst we had relatively few issues with PIB and never paid any Bond, we did find the way in which it was applied was contrary to the spirit in which we believed Indonesia wished to welcome these visitors.'

'We welcome the new regulations with open arms and are increasingly positive about the progress we are making to help Indonesia realize her potential as perhaps the greatest cruising destination on the planet for our clients.'

The new regulations, which come into play from 3 December 2011, mean that PIB still has to be made at first port of call. However, without the bond, a guarantee letter from a legitimate and licensed Indonesian company is now required ahead of the vessel’s arrival at the first port. This seems to mean that a yacht will require an agent, a fairly normal requirement by many countries for individual yachts.

Once the PIB has been processed, the vessel is cleared to cruise any destinations within Indonesia (as listed on the CAIT) and will be fully covered by this initial paperwork process. The PIB is extendable, along with the CAIT in multiples of three months up to a total of three years unbroken. This is clearly outstanding news for those who wish to base longer term in Indonesia exploring this diverse archipelago.

At the final port of call, the boat must be ‘exported’ (PEB) which has again been simplified into a relatively easy piece of paperwork which can be processed by the ship’s local representative.

Overall, there is a little more planning involved – although this is nothing that cannot be offset by using a well-organized local agent – but the new security and confidence that the new PIB paperwork gives is a huge step forward.

As Richard Lofthouse puts it, 'Our goal is to make Indonesian cruising as hassle free as possible. The new PIB format will not only be cheaper but will also give so much more flexibility. Whereas before we had to work in a grey area, the new regulation is much more black and white and I know that our clients, as well as everybody in the yachting community, will embrace this greater transparency.'

Asked to sum up his feelings after the briefing with Customs, Richard added: 'We applaud the policy makers and the Customs Department of Indonesia for recognizing that the Bond had created a negative perception of Indonesia and subsequently for acting to remove this obstacle. We have been championing marine tourism here for many years, sometimes in difficult circumstances. But this news represents exciting times for us and the superyacht community as Indonesia begins to realize her true Asia Pacific Superyachts website

Below is the English Translation of the Applicable Perpres No. 79, kindly provided by Captain Cilian Budarlaigh, from the Indonesia Superyacht Association on Sunday, November 20, 2011 at 2:05pm.

REGULATION OF THE PRESIDENT OF THE REPUBLIC OF INDONESIA
NUMBER 79 YEAR 2011
ABOUT
SHIP VISIT TOUR (YACHT) FOREIGN TO INDONESIA
BY THE GRACE OF GOD ALMIGHTY
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering:
a. that Indonesia is the largest archipelago country in the world who has a wealth of cultural and biological diversity as capital base to develop the marine tourism industry;
b. that in order to develop the marine tourism industry and boost the economy of coastal communities, small islands, and inland waters, should be given facilities for ship tours (yacht) foreigners who visit to Indonesia;
c. Based on the considerations as referred to in letters a and b, need to stipulate Presidential Regulation concerning Tour Ship Visits (Yacht) Foreign to Indonesia;
Remember
:
1. Article 4 paragraph (1) of the Constitution of the Republic of Indonesia 1945;
2. Act No. 1 of 1962 on Quarantine Sea (State Gazette of the Republic of Indonesia Year 1962 Number 2,
Republic of Indonesia Number 2373);
- 2 -
3. Act ...
3. Law Number 4 Year 1984 on Epidemic Disease Contagious (Republic of Indonesia State Gazette Year 1984 Number 20, Supplement to State Gazette of the Republic of Indonesia Number 3273);
4. Act No. 16 of 1992 regarding Animal, Fish and Plants (State Gazette of the Republic of Indonesia Year
1992 No. 56, Supplement to State Gazette of Republic of Indonesia Number 3482);
5. Law Number 10 Year 1995 on Customs (State Gazette of the Republic of Indonesia Year 1995 Number 75, Republic of Indonesia Number 3612) as already amended by Law No. 17 of 2006 (State Gazette of the Republic Indonesia Year 2006 Number 93, Additional State Gazette Republic of Indonesia Number 4661);
6. Act No. 6 of 1996 (Gazette Republic of Indonesia Year 1996 Number 73, Supplement Republic of Indonesia Number 3647);
7. Act No. 17 of 2008 on Shipping (State Gazette of the Republic of Indonesia Year 2008 Number 64,
Republic of Indonesia Number 4849);
8. Law Number 10 Year 2009 concerning tourism (State Gazette of the Republic of Indonesia Year 2009 Number 11, Republic of Indonesia Number 4966);
9. Law Number 6 Year 2011 on Immigration (State Gazette of the Republic of Indonesia Year 2011 Number 52, Republic of Indonesia Number 5216);
- 3 -DECIDED ...
DECIDED:
Setting:
REGULATION PRESIDENT ABOUT VISIT SHIP TOUR (YACHT) FOREIGN TO INDONESIA.
Article 1
In this Presidential Regulation is meant by:
1. Tourism is a wide range of tourist activities and supported a variety of facilities and services provided by community, business, government, and the local government.
2. The ship is a vessel with a shape and a certain type, which is driven with wind power, mechanical power, energy, withdrawn or suspended, including vehicles that support dynamic power, underwater vehicles, as well as floating equipment and floating buildings that do not move around.
3. Tour boat (yacht) is a means of conveyance to foreign waters and foreign flag used by the tourists for sightseeing or doing racing in the waters of both are driven by wind power and / or power mechanics and are used only for non-commercial activities.
4. Harbor is a place which consists of land and / or waters with a limit- some extent as a place of government activities and exploitation activities are used as a lean ship, up and down passengers, and / or
loading and unloading of goods, in the form of terminals and berths equipped ships with shipping safety facilities and port support activities as well as the displacement of intra-and inter-mode transportation.
5. Port of entry or exit port is a port or marina set as the incoming and outgoing tour boat (yacht) foreign.
6. Organizers ... Organizers tourist ship visits (yacht) is a foreign corporation, association, sports organizations and the like are organized tourism activities nautical.
7. General agent is a national sea transport companies or national companies specifically set up to conduct the business ship agent, appointed by the foreign shipping companies to manage the interests of his ship during his stay in Indonesia.
8. Government is the President of the Republic of Indonesia who holds the power Government of the Republic of Indonesia as referred to in Law Constitution of the Republic of Indonesia Year 1945.
9. Local government is the governor, regent, or mayor, and the local as an element of the regional administration.
10. Relevant agencies are all agencies of government that are relevant to increase in tourist ship visits (yacht) foreign.
11. Minister is the minister who conducted the affairs of government in the field of tourism.
Article 2
(1) tour boat (yacht) and its foreign crew and / or passengers, including goods congenital and / or vehicles that will enter the territorial waters of Indonesia in framework of the visit given the ease of travel in the area of Clearance and Approval for Indonesian Territory (CAIT), seaport, customs, immigration, and
Quarantine.
(2) The ease of entry tourist boat (yacht) and its foreign crew and / or passengers including luggage and / or vehicles as referred to in paragraph (1) is given only at ports of entry and exit ports as specified in this Presidential Regulation.
(3) Application for Clearance and Approval for Indonesian Territory (CAIT) and the permissions associated with the port, customs, immigration, and quarantine referred to in paragraph (1) can be done electronically.
Article 3
Tour boat (yacht) and its foreign crew who will conduct the tour to visit Indonesia given the ease of application and granting process and Clearance Approval for Indonesian Territory (CAIT).
Article 4
(1) tour boat (yacht) foreigners who will visit Indonesia travel given the ease in the field of port if the incoming and outgoing through port as follows:
a. Port of Sabang Sabang, Aceh;
b. Belawan Port, Medan, North Sumatra;
c. Bayur Gulf port, Padang, West Sumatra;
d. Nongsa Point Marina, Batam, Riau Islands;
e. Telani Bandar Bintan, Bintan, Riau Islands;
f. Port of Tanjung Pandan, Pacific Islands, the Pacific Islands.
g. Port of Palm Sunda and Marina Ancol, Jakarta Special Capital Region;
h. Port of Benoa, Badung, Bali:
i. Tenau harbor, Kupang, East Nusa Tenggara
j. The port of Kumai, Kotawaringin West, Central Kalimantan
k. The port of Tarakan, Tarakan, East Kalimantan;
l. Port of Nunukan, Bulungan, East Kalimantan;
m. Port of Bitung, Bitung, North Sulawesi;
n. Port of Ambon, Ambon, Maluku;
o. Port of Saumlaki, West Southeast Maluku, Maluku;
p. Port of Tual, Southeast Maluku, Maluku;
q. The port of Sorong, Sorong, West Papua, and
r. Port of Biak, Biak, Papua.
(2) Port of entry and exit ports as referred to in paragraph (1), may modified by taking into account:
a. development of tourist ship visits (yacht) foreign;
b. the readiness of facilities and supporting infrastructure to provide services; and
c. development of the region.
(3) Changes in the port of entry and exit ports as referred to in paragraph (2) stipulated by Minister of Transport after coordination with relevant agencies.
Article 5
(1) tour boat (yacht) foreigners, including luggage and / or vehicles entered for tourism activities must comply with customs about temporary import.
(2) To obtain a temporary import permit as referred to in paragraph (1) tour boat owner (yacht) or via a foreign public agents and / or organizers visit tourist boat (yacht) Foreign apply to the Director General of Customs and Excise.
(3) Implementation of tour ship visits (yacht) can be performed by foreign Government and / or tour organizers ship visits (yacht) foreign.
(4) Government and / or organizer of the visit tour boat (yacht) foreign as prescribed in paragraph (3) responsible for the implementation of activities and as a guarantor of customs duty on entry of goods and / or carried by the vehicle crew concerned.

Article 6
(1) Entered tour boat (yacht) and their foreign goods and / or vehicles carried by the crew is given the ease in the field of assurance.
(2) The provision of facilities in the areas of assurance referred to in paragraph (1), performed using written guarantees.
(3) a written guarantee as referred to in paragraph (2) may be filed by:

a. Officials of the Central Government as low echelon I or setingkatnya;
b. Local Government Officials as low echelon II or setingkatnya which acts as an organizer of the visit tour boat (yacht) in strangers region;
c. Organizers tourist ship visits (yacht) foreign; or
d. General agent.

Article 7
(1) The crew of the vessel and / or passenger tour boat (yacht) will conduct foreign visit to Indonesia are required to have a residence permit.
(2) residence permits referred to in paragraph (1) a residence permit requests in a certain period of time granted to foreign nationals as tour crew (yacht) foreign:
a. Visitor Visa holders who issued Representative of the Republic of Indonesia;
b. Visa on Arrival arrival in the territory of the Republic Indonesia; or
c. subject countries Visa Free for Short Visit.
(3) Permission to stay requests within a specified period for holders of Visitor Visa as referred to in paragraph (2) letter a and b can be extended in accordance with the provisions of legislation.
(4) Submission of application for extension of stay requests within a certain time as referred to in paragraph (3) conducted at the nearest Immigration Office where tour boat (yacht) are foreign, by attaching:
a. Application letter and a guarantee from the guarantor;
b. Copy of a valid national passport and still valid at least 6 (Six) months; and
c. Copy of residence permit.
(5) The crew of the boat tours (yacht) alien as referred to in paragraph (2) does not are required for registering foreigners.

Article 8
(1) tour boat (yacht) and its foreign crew, including luggage that will be tourist visits to Indonesia must undergo quarantine inspection.
(2) quarantine inspection as referred to in paragraph (1) carried out in accordance with the provisions of legislation.

Article 9
Examination of port, customs, immigration, and quarantine and Approval of Sailing (SPB) is done in an integrated manner at the port entrance and exit ports.

Article 10
Tour boat (yacht) and its foreign crew, including baggage and / or vehicles that will come out of the territorial waters of Indonesia shall settle all obligations in the field of customs, immigration, quarantine, and seaport.

Article 11
Tour boat (yacht) foreigners who conduct tours in Indonesia prohibited for commercial use and / or rented to another party.

Article 12
(1) In the framework of the safety of tourist ship visits (yacht) foreign, Government developing vessel monitoring system.
(2) Development of vessel monitoring system as referred to in paragraph (1) conducted in accordance with the provisions of the legislation.

Article 13
(1) In order to increase tourist ship visits (yacht) foreign, Government and / or Local Government can provide support facilities for tour boats (Yacht) foreign.
(2) Support facilities referred to in paragraph (1) the form of:
a. preparation of cruise ship tourism flow (yacht) foreign;
b. ease in the construction of marinas or boat tours special terminal (Yacht) foreign;
c. construction of the pier;
d. installation of navigational aids voyage;
e. ease of maintenance and repair facilities for tourist boats (yachts), and
f. facilities and other facilities as needed.
(3) Provision of support facilities referred to in paragraph (1) and paragraph (2) implemented in accordance with the provisions of the legislation.

Article 14
(1) In order to ensure the effective implementation of this Presidential Regulation can coordination with relevant agencies and / or other parties.
(2) The coordination as referred to in paragraph (1) involves the following elements:
a. Ministry of Foreign Affairs;
b. Ministry of Defence;
c. Ministry of Justice and Human Rights;
d. Ministry of Finance;
e. Ministry of Transportation;
f. Ministry of Health;
g. Ministry of Maritime Affairs and Fisheries;
h. Ministry of Culture and Creative Economy;
i. Indonesian National Armed Forces Headquarters, and
j. General agent and / or tour organizers ship visits (yacht) foreign.

Article 15
Tour boat (yacht) foreigners who violate the provisions referred to in Article 5 paragraph (1), Article 7 paragraph (1), Article 8 paragraph (1), Article 10 and Article 11 apply sanctions in accordance with the provisions of the legislation.
Article 16
Further provisions necessary for the implementation of this Presidential Regulation is set by the Minister, the Minister concerned and head of agency, either jointly or themselves according to the field of their respective duties with regard to the provisions laws and regulations.

Article 17
This Presidential Regulation shall come into force on the date of promulgation.
Stipulated in Jakarta on October 31, 2011
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Signed.
DR. H. SUSILO BAMBANG YUDHOYONO
Signed
Deputy Minister for People's Welfare
Cabinet Secretariat,
Agus Sumartono, SH, M.H.