Minister of Trade Regulation No. 29/M-DAG/PER/5/2012 on The Export of Mining Products (“MR 29/2012“) regulates provisions to tighten the control on export of mining product. Mining product means non-renewable natural resources which are extracted from the bowels of the earth that has not been processed and/or purified (raw material or ore), can be either metal mining, non-metal mineral mining and ore mining, as further described in Annex I of Regulation 29/2012 (“Mining Product“). The Mining Product shall derive from the holder of Production Operation Mining Permit (“Production Operation IUP”), Community Mining License (“IPR”), Production Operation Special Mining Permit (“Production Operation IUPK”) and/or Work Contract (“KK”).
The export of Mining Product may only be performed by a company that has obtained acknowledgement as Registered Exporter of Mining Product (“ET-Mining Product“) from the minister. Minister is the minister whose tasks and responsibilities are in the field of trade (“Minister“)
The ET-Mining Product recognition will be issued by the Minister which is delegated to the Director General of Foreign Trade, Ministry of Trade (“Director General“).
To obtain acknowledgement as ET-Mining Product, the company shall submit a written application to the Director General, by attaching the requirements as below:
- photocopy of Production Operation IUP, IPR, Production Operation IUPK, KK, Production Operation IUP specifically for processing and purification, or Production Operation IUP specifically for the transport and sales;
- photocopy of Company Registration Certificate (“TDP”);
- photocopy of Taxpayer Identification Number (“NPWP”); and
- Recommendation from Director General of Mineral and Coal.
The acknowledgement as ET-Mining Product will be published no later than five (5) business days after the request is received completely and correctly. The ET-recognition Mining Products is valid for 2 (two) years.
Approval of Mining Product Export
The export of Mining Product may only be performed by ET-Mining Product that has received the approval of Mining Product export from the Minister. The issuance of approval is delegated to the Director General.
To obtain the export approval, ET-Mining Product shall submit a written application to the Director General, by the requirements as below:
- photocopy of Production Operation IUP, IPR, Production Operation IUPK, KK, Production Operation IUP specifically for processing and refining, or Production Operation IUP specifically for the transport and sales;
- photocopy of TDP;
- photocopy of NPWP; and
- recommendation from Director General of Mineral and Coal.
Recommendation as referred in letter (d), at least contains the type, number of Post Tariff/ HS, the amount exported, term, port of loading, and country of destination for Mining Product export. The Director General shall issue export approval no later than 5 (five) working days after the request is received completely and correctly.
Verification and Technical Inspection
Before unloading the Mining Product, the verification and technical inspection shall be performed. Verification or technical inspection is a research and examination of export goods conducted by surveyor (“Verification or Technical Inspection“). Surveyor is a survey company which has authorization to conduct technical inspection of exports of mining product (“Surveyor“). Surveyor authorization is conducted by Minister and delegated to the Director General.
To conduct the Verification or Technical Inspection, ET-Mining Product shall submit the application of Verification or Technical Inspection to the Surveyor. Then the result of Verification or Technical Inspection will be stated down in the form of Surveyor Report along with the result of the qualitative analysis of mineral composition and grade contained in Mining Products (“LS“). LS issuance is at least 1 (one) day after the examination of unloading goods and LS can only be used for 1 (one) time of shipment.
ET-Mining Product shall submit a written report on the export implementation, whether it is realized or unrealized periodically, every month no later than the 15 (fifteenth) at the subsequent month to the Director General, and for this case is the Director of Export of Industrial and Mining with a copy to the Director General of Mineral and Coal. The report was also delivered through http://inatrade.kemendag.go.id.