DELEGATING THE AUTHORITY TO ISSUE MINERAL ORE EXPORT PERMITS UNDER CERTAIN TYPES OF MINING PERMITS TO THE PROVINCIAL GOVERNORS CONCERNED

To ensure the timely and more efficient implementation of the
Department of Environment and Natural Resources (DENR) Administrative
Order (DAO) No. 2008-20 in re: Issuance Of Mineral Ore Export Permit
(MOEP) for Transport/Shipment Outside the Philippines of Mineral Ores,
including Tailings, and pursuant to the pertinent provision of
Republic Act (R.A.) No. 7942, the Philippine Mining Act of 1995, and
R.A. No. 7160, the Local Government Code of 1991, the authority to issue
MOEPs is hereby delegated to the Provincial Governors concerned,
subject to the following guidelines:

SECTION 1. Coverage and Conditions

1. Such delegated authority to the Provincial Governor concerned to
issue MOEPs shall cover minerals/ and/or ore/s, excluding tailings,
sourced from areas covered by the following types of mining permits:

a. Small-Scale Mining Permits;
b. Small-Scale Mining Contracts;
c. Quarry permits;
d. Sand and Gravel Permits; or
e. Other permits that are expressly provided for in R.A. No. 7942
and DAO No.
96-40, as amended, its implementing rules and regulations; and
Presidential Decree No. 1899 and R.A. No. 7076, the small-scale mining
laws, and Mines Administrative Order No. MRD-41 and DAO No. 34, Series
of 1992, their respective implementing rules and regulations;

Provided, That for minerals/s and/or ore/s sourced from
areas covered by mining permits other than those enumerated above, the
processing and approval or disapproval of MOEP applications shall remain
with the DENR.

2. The provisions of DAO No. 2008-20 and DENR Memorandum Order No. 2008-04 in re: Clarificatory Guidelines in the Implementation of Department Administrative Order No. 2008-20 in re: Mineral Ore Export Permit
with regard to the processing of MOEP applications, and terms and
conditions of the MOEPs to be issued shall be strictly implemented.

3. The provisions of the small-scale mining laws and DAO No. 96-40,
as amended, on the maximum production limit of 50,000 tons of mineral/s
and or ore/s annually for every mining permit shall be strictly
followed.

4. The MOEP issued by the Provincial Governor concerned shall be submitted to the DENR Secretary, for confirmation within
forty eight (48) hours from receipt thereof and shall be deemed
valid/confirmed if not acted upon or denied within the said period.

For the above purpose, a copy each of the following documents shall be submitted to the DENR Secretary:

a. MOEP;
b. Field validation report;
c. Ore Transport Permit or Delivery Receipt as the case may be;
d. Mining permit;
e. Proof of payment of excise tax and/or required fee/s, as the case may be;
and
f. Sales/marketing agreement/contract.

SECTION 2. Filing and Field Validation of an MOEP Application –
For the purpose of this Memorandum Order an application for MOEP shall
be filed directly in the Office of the Provincial Governor concerned,
copy furnished the Mines and Geosciences Bureau (MGB) Regional Office
concerned, within 60 calendar days before the actual date of transport
or shipment of the mineral/s or ore/s.

The required field validation of the MOEP application shall be
undertaken by the MGB Regional Office concerned within the said 60-day
period.

SECTION 3. Repealing Clause – Any memorandum orders and circulars inconsistent herewith are hereby repealed or modified accordingly.

SECTION 4. Effectivity – This Memorandum Order shall take
effect fifteen (15) days after publication in a newspaper of general
circulation and receipt of a copy hereof by the Office of the National
Administrative Register.

Adopted: 30 Jan. 2009

(SGD.) JOSE L. ATIENZA, JR.
Secretary