Regulation of the Minister of Trade No. 02/M-DAG/PER/1/2007 on prohibition of export of sand, soil and top soil (including humus)

llA PROHIBITION OF EXPORT OF SAND, SOIL, AND TOP SOIL (INCLUDING HUMUS) (Regulation of the Minister of Trade No. 02/.M-DAGjPER/lj2007 dated January 22, 2007) THE MINISTER OF lRADE OF THE REPUBUC OF INDONESIA, Considering: a. that, in the development, environmental damage as a result of uncontrollable mining of sand, soil, and top soil (inc:luding humus) as a result of illegal ex­ port of sea sand, rampant export of other types of sands, export of soil, and export of top soil (includ­ ing humus) so that to anticipate more severe envi­ ronmental 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 meant in para­ graph a, it is necessary to prohibit export of sand, soil, and lop soil (including humus); c. that, based on the considerations as meant in para­ graphs a and b, it is necessary to stipulate Regula­ tion of the Minister of Trade; In view of: 1. Bedrijfsreglementerings Ordonantie of 1934 (Statute Bookof 1938 No. 86) as already amended and supple­ mented; 2. Law No.8 Prp/1962 on Trade of Goods Under Moni­ toring (Statute Book of 1962 No. 42, Supplement to Statute Book No. 2409); . 3. Law No. 11/1067 on Rules on Mining Affairs (Statute Book of 1967 No. 22, SUpp.lement to Statute Book No. 2831); 4. Law No. 7/1994 on Ratification of Agreement Estab­ lishing 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 Business News 7475/16-2-2007 No. 75, Supplement to Statute Book No. 3612) as already 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 (Stat­ ute Book of 1997 No. 68, Supplementto Statute Book No. 4327); 7. Presidenlial 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 already amended several times and latest by Presidential Decree No. 171/M/2005; 9. Presidential Regulation No. 9/2005 on Positions, Duties, functions, Organization structures, and Work Procedures of State Ministries of the Republic of In­ donesia as already amended by Presidential Regula­ tion No. 90/2006; 10.Presidential Regulation No. 10/2005 on Organization Units and Duties of Echelons I of State Ministries of the Republic of Indonesia as already amended sev­ eral times and latest by Presidential Regulation No. 66/2006; 1l.Decree of the Ministerof Industry and Trade No. 558/ MPP/Kep/12/1998 on General Export Arrangements asalready amended several times and latest by Regu­ lation 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 Organi­ zation and Work Procedure of the Ministry of Trade as already amended by Regulation of the Minister of Trade No. 30/M-DAG/PER/12/2005; . Observing 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 Hu­ mus). DECIDES: To stipulate: REGULATION OFTHE MINISTER OFTRADEON PROHI­ BmON OF EXPORT OFSAND, SOIL, ANDTOP SOIL (IN­ CLUDING HUMUS). Article 1 (l)Sand, soil, and top soil (including humus) are pro­ hibited from being exported. (2)Sand, soil, and top soil (including humus) as meant 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 (l)For companies that already signed contract of sale and purchase of types of sands other than sea sand, soil, and top soil (including humus) prior to the date of stipulation of this Regulation,. may continue to export until February 5, 2007 as evidenced by deli­ very of Export Manifest to Customs and Excise of­ ficer in acCordance With customs regulations in force. (2)TO implement export of types of sands other than sea sand, soil, and top soil (including humus) as meant In paragraph (1), a company must show Origi­ nal copy of contract of sale and purchase and en­ close photocopy of the contract of sale and purchase as meant 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) Business News 7475/16·2·2007 12A for Customs andExdse service Office that already applies It. Article 3 This Regulation comes into effect from January 23,2007. For public cognizance, this Regulation is pub­ lished by placing it in the State Gazette of the Republic of Indonesia. Stipulated in Jakarta On January 22, 2007 THE.MINISTER OF TRADE OF THE REPUBUC OF INDONESIA Sgd MARl ELKA PANGESTU NO HSNO. DESCRIPTION OF GOODS 25.05 Any types of natural sands,col ored or not, other than sands containing metal of Heading 25 2505.10.00.00 Silica sands and quartz sands 2505.90.00.00 Others 25.08 Other clay (not including those of Heading 68.06), andalusite, kyanite, and silima nite, decalcinated or not; mullite; chamotte soil or official soil 2512.00.00.00 Diatornea soil (for example, kieselguhr, tripolite, and diato mite) and similar solisthat con tain siliea, decalcinated or not, With specflc gravity of equal to or less than 1 Ex 2530.90.90.00 Top soil (inclUding humus) THE MINISTER OF TRADE OF THE REPUBUC OF INDONESIA Sgd MARl ELKA PANGESTU ===(E)===