The Agency for the Regulation and Control of Mining issued the new Regulations for the control of mineral exports [1] which establishes the procedure for controlling mineral exports and the requirements for obtaining the “Mineral Export Certificate”. The Resolution states:

Export Certificate:

  • A Mineral Export Certificate is required for the export of minerals. The Regulations establish the requirements, the procedure and timeframes for obtaining the certificate. These include:
    • Packing List – a list of the content of the cargo being exported.
    • Electronic sales invoice for the minerals.
    • Production Certificate
    • Customs Export Document (DAE)
  • The Agency for the Regulation and Control of Mining will appoint the qualified inspection agency and/or test laboratory to take samples. The Regulations establish the procedure for taking samples.
  • The test results will be binding for royalty payments and other obligations with the state.
  • The holder of the mining right will pay the costs of the lab tests on the samples and the test witness.
  • Once compliance with the requirements has been verified and samples have been taken, the Regional Coordinator will issue the “Mineral Export Certificate”.
  • The value of the grade of the minerals reported in the Production Certificate cannot be more than 3% regarding the value of the grade obtained from the sample tests.
  • If there is a variation in the results of the lab analysis of the exported minerals, there will be a resettlement of the royalties or withholdings for the export; and a penalty of 20 basic consolidated remunerations.

[1] Resolution No. 002-005-2019-DIR-ARCOM, published in Official Register No. 23 on August 22, 2019.

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