to Indonesian
a. that mining products are non-renewable natural resources which have an important role in national economic growth and sustainable regional development, so that management and the enterprise shall be conducted independently, transparent, competitive, efficient, and environmentally sound to ensure sustainable national development;
b. that in the framework to support efforts in the mining business, meeting the domestic demand of mining products, as well as create business and law certainty, it is necessary to control exports of mining products;
c. based on the considerations as intended in paragraphs a and b, as well as Result of Limited Coordination Meeting of Coordinating Ministry for Economic Affairs on May 1, 2012 on the Control of Fuel Oil, and Minerals and Coal Policy, and the Letter of the Minister of Energy and Mineral Resources No. 3037/30/MEM.B/2012 dated May 4, 2012 with subject the Raw Materials or Ore of Mineral Export Control Policy, it is necessary to regulate export of mining products;
d. Based on the considerations as intended in paragraphs a, b, and c, it is necessary to stipulate Regulation of the Minister of Trade;
1. Trade Law 1934 (Statute Book No. 86/1938);
2. Law No. 8 Prp of 1962 concerning Trade in Goods Under Supervision (Statute Book of the Republic of Indonesia No. 42/1962, Supplement to Statute Book of the Republic of Indonesia No. 2469);
3. Law No. 7/1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book of the Republic of Indonesia No. 57/1994, Supplement to Statute Book of the Republic of Indonesia No. 3564);
4. Law No. 10/1995 concerning Customs (Statute Book of the Republic of Indonesia No. 75/1995, Supplement to Statute Book of the Republic of Indonesia No. 3612) as amended by Law No. 17/2006 (Statute Book of the Republic of Indonesia No. 93/2006, Supplement to Statute Book of the Republic of Indonesia No. 4661);
5. Law No. 39/2008 concerning the State Ministries (Statute Book of the Republic of Indonesia No. 166/2008, Supplement to Statute Book of the Republic of Indonesia No. 4916);
6. Law No. 4/2009 concerning Mineral and Coal Mining (Statute Book of the Republic of Indonesia No. 4/2009, Supplement to Statute Book of the Republic of Indonesia No. 4959);
7. Law No. 32/2009 concerning the Protection and Environmental Management (Statute Book of the Republic of Indonesia No. 140/2009, Supplement to Statute Book of the Republic of Indonesia No. 5059);
8. Government Regulation No. 23/2010 concerning the Implementation of Business Activities of Mineral and Coal Mining (Statute Book of the Republic of Indonesia No. 29/2010, Supplement to Statute Book of the Republic of Indonesia No. 5111) as amended by Government Regulation No. 24/2012 (Statute Book of the Republic of Indonesia No. 45/2012, Supplement to Statute Book of the Republic of Indonesia No. 5282);
9. Government Regulation No. 9/2012 concerning Types and Tariff of Non-Tax State Revenues Applicable At the Ministry of Energy and Mineral Resources (Statute Book of the Republic of Indonesia No. 16/2012, Supplement to Statute Book of the Republic of Indonesia No. 5276);
10. Presidential Decree No. 260/1967 concerning Affirmation of Duties and Responsibilities of the Minister of Trade in Foreign Trade;
11. Presidential Decree No. 84/M/2009 concerning Establishment of United Indonesia Cabinet II, as amended by Presidential Decree No. 59/P/2011;
12. Presidential Decree No. 47/2009 concerning the Establishment and Organization of the State Ministries, as amended several times, the latest by Presidential Regulation No. 91/2011;
13. Presidential Regulation No. 24/2010 concerning Position, Duties and Functions of the State Ministries as well as Organizational Structures, Duties, and Function of Echelon I of State Ministries, as amended several times, the latest by Presidential Regulation No. 92/2011;
14. Decree of the Minister of Industry and Trade No. 558/MPP/Kep/12/1998 concerning General Provisions on the Export Sector, as amended several times, the latest by Regulation of the Minister of Trade No. 01/M-DAG/PER/1/2007;
15. Regulation of the Minister of Finance No. 145/PMK.04/2007 concerning Provisions of Customs in the Export Sector;
16. Regulation of the Minister of Finance No. 46/PMK.04/2009 concerning Customs Notification in the Framework of the Entry and Releasing of Goods into and from Zones that have been Appointed as Free Trade Zones and Free Ports;
17. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Administration of the Ministry of Trade;
18. Regulation of the Minister of Energy and Mineral Resources No. 07/2012 concerning Enhancing the Value Added of Mineral through Mineral Processing and Purification Activities;
REGULATION OF THE MINISTER OF TRADE CONCERNING PROVISIONS ON THE EXPORT OF MINING PRODUCTS.
In this Ministerial Regulation:
1. Export is the activity of removing goods from the customs area.
2. Mining products are non-renewable natural resources dug from the inner of the earth that have not been processed and/or purified (raw materials or ore) can be either metallic minerals, nonmetallic minerals and stones.
3. Registered Exporter of Mining Products, hereinafter called as ET-Mining Products, is a company that has gained recognition to Export Mining Products.
4. Mining Business Permit, hereinafter called as IUP, is a permit to conduct mining business.
5. Production Operating Mining Business Permit, hereinafter called as Operation Production IUP, is a business permit granted after the completion of an Exploration IUP for the stages of production operation.
6. People Mining Permit hereinafter called as IPR, is permit to carry out mining business in the area of people mining with limited area and investment.
7. Special Mining Business Permit, hereinafter called as IUPK, is permit to carry out mining business in the area of special mining business permit.
8. Production Operations Special Mining Business Permit, hereinafter called as Production Operations IUPK, is a permit granted after the completion of stage Exploration IUPK to conduct production operations in the area of special mining business permit.
9. Contract of Work, hereinafter called as KK, is an agreement between the Government of the Republic of Indonesia with Indonesian incorporated company in the framework of foreign investments to carry out mining business of minerals material, excluding petroleum, natural gas, geothermal, radioactive and coal.
10. Verification or Technical inquiry is an investigation and examination of export goods made by Surveyor.
11. Surveyor is authorized survey company to conduct technical inspection of Mining Products Export.
12. Indonesian National Single Window, hereinafter called INSW, is Indonesia national system that allows for a single submission of data and information, single and synchronous processing of data and information, and single decision-making for custom release and clearance of Cargoes.
13. INSW Portal is a system that will perform the integration of information relating to the handling of customs documents and releasing of goods process, which ensures security of data and information and as well as integration flow and processes of information between internal systems automatically, which includes the system of customs, licensing, port/airport, and the other systems relating to the handling of customs documents and release of goods.
14. Mandatory Port is the port specified as the port of full implementation of NSW export.
15. Blank Area is area that has the potential of mining products, but not yet a working area of Surveyors.
16. Recommendation is an explanation issued by official of related agencies/units who has authority and become requirements of the issuance of export approvals.
17. Minister is the minister who has duties and responsibilities in the field of trade.
18. Minister of ESDM is the minister who has duties and responsibilities in the field of energy mineral resources.
19. Director General is Director General of Foreign Trade Ministry of Trade.
20. Dirjen Minerba is the Director General of Mineral and Coal, Ministry of Energy and Mineral Resources.
(1) Mining Products subject to export regulation are as set out in Attachment I which is an integral part of this Ministerial Regulation.
(2) Mining Products subject to export regulation as intended in paragraph (1) must be from holder of Production Operation IUP, IPR, Production Operation IUPK, and/or KK.
(1) Exports of Mining Products as intended in Article 2 paragraph (1) can only be done by a company that has gained recognition as the ET-Mining Products from the Minister.
(2) The Minister delegates authority to issue the recognition of ET-Mining Products as intended in paragraph (1) to the Director General.
(3) To obtain recognition as ET-Mining Products as intended in paragraph (1), the company shall submit a written request to the Director General attach with the following requirements:
(4) The Director General issues recognition as ET- Mining Products within 5 (five) working days since received the complete and correct application.
(5) Recognition ET-Mining Products as intended in paragraph (1) valid for 2 (two) years.
(6) Form of recognition as ET-Mining Products as intended in paragraph (1) listed in Attachment II which is an integral part of this Ministerial Regulation.
(1) Each export of mining products, as intended in Article 2 paragraph (1), can only be performed by the ET-Mining Products that has received export approval of Mining Products from the Minister.
(2) Minister delegates authority to issue export approval as intended in paragraph (1) to the Director General.
(1) In order to obtain export approval as intended in Article 4 paragraph (1), ET-Mining Products must file writing application to the Director General, enclosing the following requirements:
(2) Recommendation as intended in paragraph (1) d, at least contains the type, Number of Heading Tariff/HS, the exported amount, duration, port of loading, and export destinations of Mining Products.
(3) The Director General issues an export approval within 5 (five) working days after received complete and correct application.
The procedure to give Recommendation as intended in Article 3 paragraph (3) l d and Article 5 paragraph (1) d shall be determined by the Dirjen Minerba.
(1) Mining products subject to export regulation as intended in Article 2 paragraph (1) must be done Verification or Technical Inquiry before unloading of goods.
(2) Verification or Technical Inquiry as intended in paragraph (1) conducted by a Surveyor appointed by the Minister.
(3) The Minister delegate authority to determines surveyor as intended in paragraph (2) to the Director General.
(1) Determination of the Surveyor as intended in Article 7 paragraph (2) can only be done for Surveyor who meets the following requirements:
(2) To be determined as the implementer of Verification of Technical Inquiry, Surveyor must file written application to the Director General attaching:
(1) To be performed Verification or Technical Inquiry, ET-Mining Products must file application for the Verification or Technical Inquiry to the Surveyor.
(2) Verification or Technical Inquiry by the Surveyor as intended in paragraph (1) include:
(3) Research and examination of the data or information on the legality of administration and origin area of Mining Products as intended in paragraph (2) a cover:
(4) Result of Verification or Technical Inquiry made by the Surveyor as intended in paragraph (1) is written in the Surveyor Report (LS) with the results of qualitative analysis of the composition and content of mineral in Mining Products.
(5) Export Approval and LS are used as a complementary customs documents required for registration of Notification of Export Goods (PEB).
(6) Issuance of LS by the surveyor at least 1 (one) day after the inspection of unloading goods.
(7) LS issued by the Surveyor only be used for 1 (once) time of shipment as a Customs complement document that is required for 1 (one) number of PEB registration.
(8) Expenses on the implementation of Verification or Technical Inquiry of Export Mining Products that is made by Surveyor are charged to the ET-Mining Products.
(9) For the implementation of Verification or Technical Inquiry of Export Mining Products, the Surveyor will collect payment for given services at such rates determined by the benefit principle.
(1) Surveyor who will perform the Verification or Technical Inquiry as intended in Article 9 paragraph (2) in an area that has not been determined as its working area must apply for additional working area to the Director General.
(2) Filing of application for the addition of the working area as intended in paragraph (1) shall attach the requirements as stated in Article 8 paragraph (2).
(1) Any Mining Product that comes from the Blank Area of ET-Mining Products can be applied Verification or Technical Inquiry to the Surveyor.
(2) Verification or Technical Inquiry to the Mining Products originating from Blank Area by Surveyor only be made after obtaining specific approval from the Director General, and implemented in accordance with the provisions as intended in Article 9 and Article 10.
(3) For results of Verification or Technical Inquiry on the Mining Products from Blank Areas as intended in paragraph (2), Surveyor only can issue 1 (one) LS.
(4) In order to obtain special approval as intended in paragraph (2), Surveyor must apply to the Director General by attaching:
(1) ET-Mining Products shall submit a written report on the implementation of export, whether realized or not realized on a periodic basis every month no later than 15 (fifteen) of ensuing month to the Director General, in this case the Director of Industrial and Mining Products Export with a copy to Dirjen Minerba.
(2) The report as intended in paragraph (1) is also send through http://inatrade.kemendag.go.id.
(1) Surveyor shall send LS through http://inatrade.kemendag.go.id that will be forwarded to the INSW portal.
(2) In case http://inatrade.kemendag.go.id as intended in paragraph (1) does not work caused by force majeure, LS is manually delivered to the INSW portal.
(3) Surveyor who issuing LS at the Mandatory Port should directly must submit LS as soon as the LS was issued.
(4) Surveyor who issued LS in other places than Mandatory Port must submit LS as intended in Article 9 paragraph (4) within 1 (one) week after was issued.
(5) Surveyor must ensure that the Mining Products are exported in accordance with the LS statement as intended in Article 9 paragraph (4).
(1) Surveyor as intended in Article 7 paragraph (2) must submit a written report on the activities of the implementation of Verification or Technical Inquiry each month.
(2) The written report as intended in paragraph (1) shall be submitted to the Director General in this case the Director of Industry and Mining Products Export and Dirjen Minerba in this case the Director of Mineral Exploitation in the first week of ensuing month.
(3) Surveyor must submit a recapitulation of the LS as intended in Article 9 paragraph (4) each month to the Director General in this case the Director of Industry and Mining Products Export by using form as set out in Attachment VI to this Ministerial Regulation.
(1) Recognition of ET-Products Mining revoked in case of:
(2) Revocation of recognition as ET-Mining Products as intended in paragraph (1) is determined by the Director General.
(3) ET-Mining Products that is subject to sanction of the revocation as intended in paragraph (2) can only apply for recognition as a IT-Mining Products after 1 (one) year and must obtain recommendation for the reactivation from Dirjen Minerba.
Surveyor does not implement obligations as intended in Article 9, Article 13 and Article 14 of this Ministerial Regulation shall be punished by revocation of determination as implementer of Verification or Technical Inquiry of Mining Products Export.
Technical guidelines for the implementation of this Ministerial Regulation may be determined by the Director General.
When this Ministerial Regulation comes into force:
This Ministerial Regulation shall come into force on the date of stipulation.
For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on May 7, 2012
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed,
GITA IRAWAN WIRJAWAN