DECREE OF THE MINISTER OF INDUSTRY AND TRADE
No. 441/MPP/Kep/5/2002

ON
PROVISIONS ON THE EXPORT OF SEA SAND

THE MINISTER OF INDUSTRY AND TRADE,

Attachment

Considering:

• a. that in the framework of implementing Presidential Decree No. 33/2002 on control and supervision over exploitation of sea sand, it is necessary to regulate provisions on the export of sea sand;
• b. that in connection with the above mentioned matter, a decree of the Minister of Industry and Trade needs to be issued;

In view of:

• 1. Presidential Decree No. 260/1967 on the affirmation of tasks and responsibility of the Minister of Trade in the international trade;
• 2. Presidential Decree No. 228/M/2002 on the establishment of the mutual cooperation cabinet;
• 3. Presidential Decree No. 102/2001 on the status, tasks, functions, authority, organizational structures and working arrangements of ministries;
• 4. Presidential Decree No. 109/2001 on first-echelon organizational units and tasks of ministries;
• 5. Presidential Decree No. 33/2002 on control and supervision over exploitation of sea sand;
• 6. Decree of the Minister of Industry and Trade No. 558/MPP/Kep/12/1998 on export general provisions as already amended several times and the latest by Decree of the Minister of Industry and Trade No. 57/MPP/Kep/1/2002;
• 7. Decree of the Minister of Industry and Trade No. 86/MPP/Kep/3/2001 on the organization and working arrangement of the Ministry of Industry and Trade;

DECIDES:

To stipulate:

THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON PROVISIONS ON THE EXPORT OF SEA SAND

Article 1

Referred to as sea sand is sand mineral located in Indonesian waters which contains no substance of mineral of category A and/or category B in a significant quantity, viewed from the mining economic aspect.

Article 2

(1) The sea sand as meant in Article 1 only can be exported by individuals or statutory bodies already stipulated as Sea Sand Exporter (EPL) by the Minister of Industry and Trade in this case the Director General of International Trade.

(2) The stipulation as Sea Sand Exporter (EPL) is valid for 3 (three) years and is extendible in accordance with the provisions in force.

(3) The exporters of sea sand as meant in paragraph (1) are declared ineffective unless the relevant exporters export far one year.

(4) The model of form of stipulation as Sea Sand Exporters (EPL) is as contained in the attachment to this decree.

Article 3

To be stipulated as exporters of sea sand, individuals or statutory bodies submit applications to the Director General of International Trade by enclosing the following requirements:

• a. Trading Business License (SIUP)/Trading Business Registry Number (TDUP);
• b. Corporate Registry Number (TDP);
• c. Taxpayer Code Number (NPWP);
• d. Mining Concession for Exploitation;
• e. Mining Concession for Transport and Sale;
• f. Recommendation of governors and/or regents/mayors and statement saying that individual; or statutory bodies submitting the applications already settled their payment liabilities in the form of taxes and/or other Ievies in accordance with the provisions of laws in force.

Article 4

(1) Governors and/or regents/mayors issue export approval to exporters of sea sand in accordance with their respective scopes of authority.

(2) The export approval of sea sand as meant in paragraph (1) is issued for every shipment.

(3) The whole volume/quantity of exported sea sand contained in the export approval as meant in paragraph (1) cannot exceed the volume/quantity of allocation of sea sand which can be exported nationally.

Article 5

Exporters of sea sand are obliged to convey reports on realization of export of sea sand to the Minister of Industry and Trade in this case the Director General of International Trade, governors and/or regents/mayors and the Team for Controlling and Supervising Exploitation of Sea Sand ever/ three months.

Article 6

Sea sand exporters violating the provisions in this decree are subjected to a sanction in the form of freezing or revocation of stipulation as exporters of sea sand (EPL).

Article 7

This decree comes into force as from the date of stipulation.

For public cognizance, this decree shall be published by placing it in State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On May 23, 2002
THE MINISTER OF INDUSTRY AND TRADE
Sgd
RINI M. SUMARNO SOEWANDI

Attachment