Procedures for Information Exchange - PPATK

The sharing of information is vital to the identification and ultimate prosecution of financial crimes. For that reason there is a clear need to be able to not only provide information about financial crimes to other agencies and states, but to also request information on financial crimes. Therefore, there needs to be a simple mechanism for making those requests and responding to requests received from others.

The purpose of Head of the Financial Transaction Reports and Analysis Center Regulation No. PER-09/1.01/PPATK/11/2009 is to facilitate the implementation of Article 15(3) lf Presidential Decree No. 82 of 2003 with respect to procedures for the exchange of information.

There are two basic information exchanges that are to take place under the provisions of this regulation: (1) requests from the Financial Transactions Reports and Analysis Center (Pusat Pelaporan dan Analisis Transaksi Keuangan / PPATK) for information, and (2) requests to the PPATK for information.

The request of information is to be made by the Head of the PPATK or another appointed official, and these requests can be made to law enforcement, other Indonesian agencies, and the Financial Intelligence Units (FIU) of other states. The explicit procedures governing these requests are to be contained in a separate and specific regulation which will stipulate Standard Operating Procedures (SOP).

The provision of information is divided into two components: (1) information sources, and (2) request and receipt of information. For example, in component (1) the PPATK can source information from financial services providers, customs, compliance audits, electronic and printed media, and any other source such as law enforcement, individuals, and FIU of other states, among others. Whereas, those that can request and receive information from the PPATK include, among others, law enforcement; agencies that supervise financial services providers; agencies involved in the prevention and eradication of crimes, and FIUs of other states.

The basic process for the provision of information where a national request has been made includes, among others, the following where the request is in the written form:

The request must also include, among others:

For international requests, information can only be exchanged with the FIU of other states. Generally, these requests will be processed to prevailing international law and Memorandums of Understanding signed between PPATK and the relevant FIU.

The regulation repeals and replaces Head of PPATK Regulation No. 5/1/PER.PPATK/2006/INTERN.

The regulation was issued on 10 November 2009 and has been in force since that date. However, it was not published in the State Report until 31 December 2009.