REGULATION OF THE MINISTER OF TRADE
No. 02/M-DAG/PER/1/2007

CONCERNING
PROHIBITION OF EXPORT OF SAND, SOIL, AND TOP SOIL
(INCLUDING HUMUS)

THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,

Considering:

a. that, in the development, environmental damage as a result of uncontrollable mining of sand, soil, and top soil (including humus) as a result of illegal export of sea sand, rampant export of other types of sands, export of soil, and export of top soil (including humus) so that to anticipate more severe environmental damage, it is deemed necessary to add types of sands other than sea sand, soil , and top soil (including humus) as goods prohibited from being exported;
b. that, based on the considerations as intended in paragraph a, it is necessary to prohibit export of sand, soil, and top soil (including humus);
c. that, based on the considerations as intended in paragraphs a and b. it is necessary to stipulate regulation of the minister of trade.

in view of:

1. Trade Ordinance of 1934 (statute book of 1938 No. 86) as has already been amended and supplemented;
2. Law No. 8/PRP/1962 on trade of goods under monitoring (statute book of 1962 No. 42, supplement to statue book No. 2409);
3. Law No. 11/1967 on rules on mining affairs (statute book No. 2831);
4. Law No. 7/1994 on ratification of agreement establishing the world trade organization (statute book of 1994 No. 57, supplement to statute book No. 3564)
5. Law No. 10/1995 on customs (statute book of 1995 No. 75, supplement to statute book No. 3612) as has already been amended by Law No. 17/2006 (statute book of 2006 No. 93, supplement to statute book No. 4661);
6. Law No. 23/1997 on environmental treatment (statute book of 1997 No. 68, supplement to statute book No. 4327);
7. Presidential Decree No. 260/1967 on confirmation of duties and responsibilities of the minister of trade in foreign trade affairs;
8. Presidential Decree No. 187/M/2004 on establishment of United Indonesia cabinet as has already beenamended several times and latest by Presidential Decree No. 171/M/2005.
9. Presidential Decree No. 9/2005 on position, duties, functions, organization structures, and work procedures of state ministries of the republic of Indonesia as already amended by Presidential Decree No. 90/2006;
10. Presidential Decree No. 10/2005 on organization units and duties of echelons I of state ministries of the republic of Indonesia as has already been amended several times and latest by Presidential Decree No. 66/2006;
11. Decree of the minister of Industry and trade No. 558/MPP/KEP/12/1998 on general export arrangements as has already been amended several times and latest by regulation of the minister of trade No. 01/M-DAG/PER/1/2007;
12. Regulation of the minister of trade of the republic of Indonesia No. 01/M-DAG/PER/3/2005 on organization an work procedure of the ministry of trade as has already been amended by regulation of the minister of trade No. 30/M-DAG/PER/12/2005;

Observing :

Resolutions of ministerial plenary meeting held on January 18/2007 at the office of the coordinating minister for politics, law, and security regarding policy for export of sand, soil, and top soil (including humus).

HAS DECIDED:

To stipulate:

REGULATION OF THE MINISTER OF TRADE ON PROHIBITION OF EXPORT OF SAND, SOIL, AND TOP SOIL (INCLUDING HUMUS)

Article 1

(1) Sand, soil, and top soil (including humus) are prohibited from being exported.

(2) Sand, soil, and top soil (including humus) as described in paragraph (1) are as specified in Attachment to this regulation.

(3) Prohibition of export of types of sands other than sea sand, soil, and top soil (including humus) is valid since February 6, 2007.

Article 2

(1) For companies that had already signed contract of sale and purchase of types of sands other than sea sand, soil, and top soil (including humus) prior o the date of stipulation of this regulation, may continue to export until February 5, 2007 as evidenced by delivery of Export manifest to customs and excise officer in accordance with customs regulations in force.

(2) To implement export of types of sands other hand sea sand, soil, and op soil (including humus) as described in paragraph (1), a company must show original copy of contract of sale and purchase and enclose photocopy of the contract of sale and purchase as described in paragraph (1) to customs and excise officer as complementary customs manifest required for registration of export manifest (PEB) or single Administrative document customs manifest (PPSAD) for customs and excise service office that already applies it.

Article 3

This regulation comes into effect from January 23, 2007.

For public cognizance, this regulation is published in state gazette of the republic of Indonesia.

Stipulated in Jakarta
On January 22, 2007
THE MINISTER OF TRADE
Signed
MARI ELKA PANGESTU

Attachment to REGULATION OF THE MINISTER OF TRADE
No. 02/M-DAG/PER/1/2007

REGULATION OF THE MINISTER OF TRADE No. 02/M-DAG/PER/1/2007

CONCERNING PROHIBITION OF EXPORT OF SAND, SOIL, AND TOP SOIL (INCLUDING HUMUS)