Question & AnswerQ&A (DENR ADMINISTRATIVE ORDER NO. 2008-20)
The purpose is to establish guidelines for the filing, processing, and issuance of Mineral Ore Export Permit (MOEP) for the transport/shipment outside the Philippines of all mineral ores, including tailings, to eradicate undervaluation, misdeclaration, and red tape, and to improve the collection of excise tax on minerals.
It covers the transport/shipment outside the Philippines of all mineral ores, including tailings, by permit holders and other mining rights holders, including small scale mining permits. It does not cover processed minerals, including gold bullion, which follow existing guidelines.
All exporters of mineral ores, including tailings, are required to apply for a MOEP from the Department of Environment and Natural Resources (DENR) before loading the mineral ores for shipment outside the Philippines.
The application must be filed directly with the Office of the DENR Secretary at least sixty (60) calendar days before the actual date of shipping.
The mandatory documents include the Ore Transport Permit (OTP) or Delivery Receipt for sand and gravel, Marketing Contract or Sales Agreement with the purchaser, copy of the Permit/Contract or trader accreditation, and other supporting papers as required by the DENR Secretary.
Within sixty days, an inter-agency validation by DENR, Mines and Geosciences Bureau (MGB), and the Department of Finance/Bureau of Internal Revenue (DOF/BIR) assesses the grade, volume, and value of mineral ores including tailings to be exported. This determines the excise tax and supports MOEP issuance.
Such transport/shipment shall be considered prima facie evidence of illegal mining, which may result in seizure or confiscation of the mineral ores, tools, equipment, and conveyances, and grounds for cancellation of permits, contracts, accreditation, or lease agreements.
Yes, DENR personnel may be deployed at all ports to monitor exportation, and MOEP holders must submit a shipment report with export clearance and authenticated receipt from the buyer within thirty (30) days after shipment.
Failure to present the MOEP upon demand may be prima facie evidence of illegal mining/theft leading to seizure/confiscation of minerals and equipment, and cancellation of mining permits or contracts. Violations are also subject to provisions under DAO No. 96-40 regarding seizure, confiscation, complaints, and disposition.