Application for Mineral Ore Export Permit (MOEP)
- Mandatory requirement to apply for MOEP prior to loading for export.
- Applications must be filed directly with the Office of the DENR Secretary 60 calendar days before shipping.
- Volume applied for shall not exceed estimated available stockpile during validation/verification.
Mandatory Requirements for MOEP Application
- Submission of Ore Transport Permit (OTP) or Delivery Receipt for sand and gravel permit holders.
- Marketing Contract or Sales Agreement with purchaser.
- Copy of Permit/Contract or Accreditation of traders, retailers, processors.
- Other supporting documents as may be required by the Secretary or the applicant.
Inter-agency Validation and Processing
- DENR Secretary or MDC Chairman initiates inter-agency validation involving DENR/MGB and DOF/BIR within the 60-day processing period.
- Validation includes verification of grade, volume and value of the mineral ores including tailings.
- Payment of verification fee as per DENR Administrative Order 2005-08 required.
- Validation report used to compute 2% excise tax and basis for MOEP issuance.
Issuance of MOEP
- MOEP must be issued within 10 working days after completion of validation/verification.
- MOEP and proof of payment of excise tax must accompany every export transport/shipment.
- Transport/shipment without valid OTP and MOEP is prima facie evidence of illegal mining.
- Violations lead to seizure/confiscation of ores, tools, equipment, conveyances and grounds for permit cancellation.
Monitoring and Reporting
- DENR personnel can be deployed at public/private ports, sea and air to monitor mineral exports.
- MOEP holders must submit shipment reports, copies of Export Clearance from Bureau of Customs, and authenticated buyer receipts to MGB Regional Office and DENR Secretary within 30 days of shipment.
Penal Sanctions
- Failure to present MOEP upon demand is prima facie evidence of illegal mining or mineral theft.
- Seizure/confiscation of mineral ores, tools, equipment, conveyances are automatic.
- Violations suffice for cancellation of mining permits, contracts, accreditations, or authorizations.
- Chapter XII of DAO No. 96-40 applies on enforcement procedures including sworn statements, seizure receipts, complaints, disposition of seized goods, and reporting.
Separability Clause
- If any provision is declared unconstitutional or invalid, remaining provisions remain unaffected.
Repealing Clause
- Orders, circulars and policies inconsistent with this Administrative Order are repealed or modified accordingly.
Effectivity
- The Order takes effect fifteen (15) days after publication in a newspaper of general circulation and receipt by the National Administrative Register.