November 27, 2008
DENR MEMORANDUM ORDER
No. 2008-04
SUBJECT: CLARIFICATORY GUIDELINES IN THE IMPLEMENTATION OF DEPARTMENT ADMINISTRATIVE ORDER NO. 2008-20 IN RE: MINERAL ORE EXPORT PERMIT
To provide for a full and thorough implementation of Department of Environment and Natural Resources (DENR) Administrative Order (DAO) No. 2008-20 pertaining to the “Issuance of Mineral Ore Export Permit (MOEP) for Transport/Shipment Outside the Philippines of Mineral Ores, Including Tailings,” the following clarificatory guidelines are hereby issued for the guidance and compliance of all concerned:
SECTION 1. MINING RIGHTS HOLDERS COVERED BY THE MOEP REQUIREMENT
The mining rights holders covered by the MOEP requirement as provided in Section 1 of DAO No. 2008-20 shall refer to the following:
a. Holders of mining contracts or mining permits issued either by the National Government or the Local Government Unit concerned, including Small-Scale Mining Contracts, Small-Scale Mining Permits and other types or forms of mining permits or authorities issued for mining purposes; and
b. Accredited traders, dealers and/or retailers of minerals and/or mineral products, including tailings.
SECTION 2. MINERAL COMMODITIES REQUIRING MOEP
The MOEP requirement shall be complied with by mining rights holders as defined above, in connection with the transport or shipment to destinations outside the Philippines of the following mineral commodities:
a. Unprocessed, raw or run-of-mine mineral/s or ore/s;
b. Crushed and/or sized sand and gravel and/or other unconsolidated materials;
c.Iron, manganese and/or chromium ore/s, whether unprocessed or processed; and
d. Mine wastes and/or mill tailings.
The “processed” materials that are not covered by .the MOEP requirement (except for those in item c above) refer to those minerals or ores that have undergone milling, beneficiation, upgrading, leaching, cyanidation, calcination, and/or related processes, to become concentrates, bullions or downstream products.
SECTION 3. FILING AND VALIDATION OF AN MOEP APPLICATION
The application for an MOEP shall be filed directly in the Office of the DENR Secretary within 60 calendar days before the actual date of transport or shipment of the mineral/s or ore/s. The applicant may file the said application in the Mines and Geosciences Bureau (MGB) Regional Office concerned: Provided, That the said Regional Office shall immediately forward the same application to the Office of the DENR Secretary.
The required inter-agency validation of the mineral/s or ore/s to be transported or slipped, within the 60-day period, shall be undertaken by the DENR/MGB or the DENR/MGB/Department of Finance/Bureau of Internal Revenue (BIR).
SECTION 4. PAYMENT OF EXCISE TAX
In consideration of the BIR’s excise tax payment calendar, the bond posted in the said Office to guarantee payment of the excise tax due shall be considered sufficient compliance for the issuance of the MOEP in relation to the payment of excise tax. However, the proof of payment of the excise tax shall be submitted within 30 days after the end of the calendar quarter when the mineral/s or ore/s were removed from the mine/s or extraction site/s.
In the case of small-scale mines, however, the proof of payment of excise tax shall be a prior requirement in the issuance of an MOEP.
SECTION 5. ISSUANCE OF AN MOEP
Within 10 days from the compliance with all the pertinent requirements, the MOEP shall be issued by the DENR Secretary or his duly authorized representative.
SECTION 6. VOLUME OR TONNAGE OF MINERAL/S OR ORE/S FOR SHIPMENT UNDER AN MOEP
While the volume or tonnage of mineral/s or ore/s to be allowed for shipment under an MOEP shall not exceed the estimated quantity of such material/s stockpiled as determined during the validation process, the said MOEP may be issued authorizing the shipment of the same material/s in a quantity equivalent to a one-year requirement of the applicant. For this purpose, the MGB Regional Office concerned shall ensure that every shipment is verified in the field and every pertinent verification report is submitted immediately to the Office of the DENR Secretary.
SECTION 7. REPEALING CLAUSE
Any memorandum orders and circulars inconsistent herewith are hereby modified/repealed accordingly.
SECTION 8. EFFECTIVITY
This Memorandum Order shall take effect 15 publication in a newspaper of general circulation copy hereof by the Office of the National
(Sgd). JOSE L. ATIENZA, JR.
Secretary
Publication : The Philippine Star, November 29, 2008
Acknowledgment: ONAR, U.P.LawCenter, December 3, 2008