DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 441/MPP/Kep/5/2002 DATED MAY 23, 2002
ON
PROVISIONS ON THE EXPORT OF SEA SAND
THE MINISTER OF INDUSTRY AND TRADE,
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. 228/2002 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/3/2002 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 CONCERNING PROVISIONS ON THE EXPORT OF SEA SAND
Article 1
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 for one year.
(4) The model of form of stipulation as Sea Sand Exporters (EP L) 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 individuals or statutory bodies submitting the applications already settled their payment liabilities in the form of taxes and/or other levies in accordance with the provisions of laws in force.
Article 4
(1) Governors and/or regent s/mayor 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 every three months.
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
STIPULATION AS EXPORTER OF SEA SAND (EPL) NO. : /DJ-PLN/EPL/ /2002
In connection with Presidential Decree No. 33/2002 on control and supervising over exploitation of sea sand and Decree of the Minister of Industry and Trade No. …….. date ……….. concerning provisions on the export sea sand and observing application of PT. …………. No. ……… date…………. as well as recommendation of governor/regent/mayor …….. No. ….. date, it is herewith granted stipulation as :
EXPORTER OF SEA SAND (EPL) To
Name of company :
Address of company :
Taxpayer Code Number : No. of Mining Concession for Exploitation : No. of Mining Concession for Transport and Sale : With the provision as follows :
1. To abide by provisions effective in the export of sea sand;
2. To report any change in company to the Director General of International Trade not later than 30 (thirty) days after the alteration;
3. To report the realization of export of sea sand every 3 (three) months to the Director General of International Trade, local government and regent/mayor and the Chairman of the Team of Controlling and Supervising Exploitation of Sea Sand (TP4L);
4. This approval is effective for 3 (three) years and can be extended in accordance with the provisions in force.
5. This stipulation is not valid unless the above mentioned company exports sea sand for one years.
Jakarta,
THE DIRECTOR GENERAL OF INTERNATIONAL TRADE, ………..
CC :
1. The Minister of Industry and Trade; 2. The Chairman of TP4L;
3. Governor/Regent/Mayor …….
