- The Minister of Finance ("Minister") has issued an Amendment to Regulation of the Minister No. 81/PMK.04/2021 ("Regulation 81/2021") on Law Enforcement for Goods Suspected of Relating to Acts of Terrorism and/or Cross-Border Crime through the issuance of Regulation No. 105 of 2023 ("Amendment"), which is set to come into force on 13 November 2023.
- Among other new provisions, the Amendment states that cross-border crime comprises a total of seven types of crime that include: 1) Crimes that relate to money laundering; 2) Crimes that relate to terrorism financing; 3) Crimes that relate to narcotics, psychotropic substances and narcotics precursors. Moreover, preliminary evidence comprises two types of evidence, specifically: 1) Intelligence information deriving from ministries/institutions responsible for the mitigation of terrorism and/or cross-border crime; and 2) The results of information management, as independently conducted by customs-and-excise officials. It should also be noted that in terms of the type of evidence outlined in point (2) above, customs-and-excise officials may request confirmation from authorized ministries/institutions and may also utilize surveillance systems.
- Goods that are based on preliminary evidence and that are suspected of relating to acts of terrorism in the form of materials potential include the following: 1) Dangerous goods that could potentially be used in relation to the criminal offense of terrorism; 2) Firearms and parts of firearms; 3) Hazardous materials, explosives and cellulose nitrate; 4) Other items. Details of the various types of these goods are determined by the Director-General on behalf of the Minister.
- In addition, information management that relates to preliminary evidence, as conducted by customs-and-excise officials, includes the following activities: 1) Collection and assessments of data or information; 2) Analysis of data or information; 3) Distribution of data or information; 4) Evaluation and updating of data or information. Customs-and-excise officials may follow up on the results of information management by issuing intelligence products within the context of research and/or enforcement.
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