PT Bank Mandiri Persero Tbk.
MANAgEMENT DISCUSSION ANALySIS OF MANAgEMENT’S PERFORMANCE
b. As a State Owned Bank
1. Banks with the similar PSP is mandatory to develop and
submit compliance plan to the Bank Indonesia at least 3 three
months after the applicable of the Regulation of Bank
Indonesia, which contains chosen method, the action plan, and
implementation timelines.
Compliance of the provisions can be prepared and submitted by each
Bank or jointly by banks with the same PsP and shall be signed by
the Board of directors and Board of Commissioners of each Bank and
acknowledged by the PsP.
2. Banks with the same PsP shall report the progress in
implementing the regulation compliance to Bank indonesia
every quarter since the approval of Bank indonesia on the compliance
plan.
5. Bank Indonesia Regulation No. 1425PBI2012 on Foreign
Exchange Acceptance of export and Withdrawal of Foreign Debt in
Foreign Exchange
OBLIGATIONS OF FOREIGN EXCHANGE ACCEPTANCE OF EXPORT DHE
THROUGH FOREIGN EXCHANGE BANK
a. dHe revenue obligations through foreign exchange banks is not
applicable for state-owned dHe that received through Bank indonesia or
dHe received in cash in the country as long it is explained in writing
and with suicient supporting documentation.
b. DHE acceptance should be made no later than the end of the third month
after the month of enrollment of Export Declaration PEB.
c. DHE receipts derived from the method of payment usance LC,
consignment, payment terms, collection, with maturities exceeding
or equal to 3 months after the month of PEB enrollment, It must be
performed no later than 14 days after the payment due date. In the event
that the deadline falls on a holiday, then DHE receipt should be done on
the next working day.
d. Submission of the information contained on the PEB to the foreign
exchange banks as well as a written explanation with supporting
documents to apply for admission. DHE is applicable for PEB with a
value greater than USD10,000.00 or its equivalent. Submission of the
information on the PEB regarding DHE through foreign exchange
banks made no later than the 5th of the following month after the DHE is
received.
e. In the event that exporters receive DHE cash to PEB with a value greater
than USD10,000.00 or its equivalent then the exporter must submit a
written explanation and supporting documents no later than the 5th of
the month following the month of PEB enrollment.
f. For DHE receipt for payment in issued LC, consignment, term
payment, collection with maturities exceeding or equal to 3 months
after the month of enrollment PEB, exporters must submit a written
explanation with supporting documents to the foreign exchange
bank to be forwarded to Bank Indonesia at the latest on the 5th of
the month following the month of PEB enrollment. In case the deadline
is in holiday, the submision can be carried out on the next working day.
g. In the event that DHE is smaller in terms of PEB value with a
diference of less than or equivalent to Rp50,000,000.00 than the DHE
received is according to the value of PEB and exporters do not have to
submit a written explanation and supporting documents.
h. For the less value diference in DHE and PEB greater than equivalent
Rp50,000,000.00, due to: • Foreign exchange, discounts
rebates, administrative fees, andor other costs associated international
trade, resulted in less diference between DHE and PEB value at
most 10 ten percent of the value of PEB; andor
• Tolling, repair services, operational leasing or inancial leasing,
valuation diferences in the price of goods at the time of export
agreements with the price at the time of receipt, the diference in the
composition of goods, diferences
PT Bank Mandiri Persero Tbk.
in the quality of goods, and or diferences in the quantity of
goods.
Written explanation along with supporting documents submitted
to the Foreign Exchange Bank will be forwarded to Bank Indonesia no
later than the 5th of the following month after DHE received by
the exporter through a Foreign Exchange Bank.
i. In the event of any discrepancy between the PEB data presented
by the exporters and the PEB data received by the Directorate General
of Customs DJBC, Bank Indonesia can decide which data is applied as
reference PEB to be complianced for DHE and inform the diference
between the PEB data referred to DJBC.
j. In the event that DHE Acceptance is smaller than the value of PEB
caused by netting between the export bill and exporters obligations
are allowed for netting with import goods netting in relation to the
exports, as long as there is an agreements between the exporters
and the importers counterparty. DHE received is derived from the
results of netting is based on the value of the PEB if the exporter
submit a written explanation and relevant supporting documentation.
k. In case of the importer defaults, bankruptcy, or under conditions of
force majeure: • Exporters who receive DHE less
than the value of PEB, by a margin greater than the equivalent of
approximately Rp50,000,000.00 then the exporter must submit a
written explanation and supporting documentation no later than the
end of the third month after the month of PEB enrollment to foreign
exchange banks to be forwarded to Bank Indonesia;
• Exporters who do not receive DHE, or DHE in cash received less
than the value PEB by a margin greater than the equivalent of
approximately Rp50,000,000.00 then the exporter must submit
a written explanation with supporting documents to Bank
Indonesia no later than the end of the third month after PEB
registration month.
For export payments conducted in issued LC, consignment, then
payment, andor collection with maturities of more than or equal
to 3 months after the month of PEB enrollment, the exporter must
submit a written explanation and relevant supporting documents
related to the importer defaults, bankruptcy, or under conditions of
force majeure no later than 14 days after the due date of payment.
l. In terms of exports is conducted through Courier Company PJT,
the obligation to submit a written explanation of the information
and supporting documents is the responsibility of the owner of the
goods. In this case, PJT must convey relevant PEB information to the
owner of the goods.
IMPOSING SANCTIONS a. Exporters who violate the obligation
of DHE will bear administrative sanctions of imposed ines
amounting to 0.5 of the nominal value of DHE that have not received
with the maximum amount of Rp100,000,000.00 for one month of
PEB registration.
b. In terms of exports carried by PJT, then ined and suspended for the
export of services will be charged to the owner of the goods.
c. Payment of administrative sanctions in the form of ines remitted to
Bank Indonesia as regulated in Bank Indonesia Circular Letter.
TRANSITIONAL PROVISIONS DHE acceptance which is not conducted
through foreign exchange bank as per agreement that the payment will be
conducted through the trustee outside Indonesia, DHE shall paid through the
Foreign Exchange Bank until the date of June 30, 2013. In this case, the exporter
must submit a written explanation and relevant supporting documents.
6. Bank Indonesia Regulation No. 1426PBI2012 on Operations and
Oice Network Based On Bank’s Core Capital
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