Moep, Otp, Otc and DR: What Is The Difference?

MOEP, OTP, OTC and DR What is the difference?

MINES & GEOSCIENCES BUREAU MIMAROPA REGION

In General • MOEP, OTP, OTC and DR are documents required for the transport of minerals/mineral products and by-products

keith.belmonte.presentations

MINES & GEOSCIENCES BUREAU MIMAROPA REGION

10/24/2019 5:02:12 PM

2

Mineral Ore Export Permit (MOEP) • It is required for the transport/shipment outside the Philippines of all mineral ore (s), including tailings by permit holders and other mining rights holders, including small-scale mining permits (DAO No. 2008-20)

• Its applications shall be filed directly with the Office of the MGB Director, Regional Director concerned or Provincial/City Mayor concerned, as the case may be, within 60 days before the actual date of transport or shipment of the minerals or ores (DAO No. 2010-07) keith.belmonte.presentations

MINES & GEOSCIENCES BUREAU MIMAROPA REGION

10/24/2019 5:02:12 PM

3

Mineral Ore Export Permit (MOEP) • The delegated authority of the Provincial Governor shall cover mineral/s and/or ore/s excluding tailings, sourced from areas covered by quarry permit and sand and gravel permits, among others. Provided that such MOEP issued shall be submitted to the MGB Regional Director for confirmation (DMO No. 2009-01)

keith.belmonte.presentations

MINES & GEOSCIENCES BUREAU MIMAROPA REGION

10/24/2019 5:02:12 PM

4

Ore Transport Permit (OTP) • It is required for the transport of all minerals/mineral products and by-

products, including gold bullions, by Permit Holders, Contractors, accredited traders, retailers, processors and other mining rights holders

• It is issued by the Regional Director concerned or his/her duly authorized representative.

• In case of mineral ores/mineral/mineral products and by-products, including

gold bullions being transported from the small-scale mining areas to the custom mills or processing plants, the P/CMRB concerned shall formulate its own policies to govern such transport produced by small-scale miners (DAO No. 2010-21)

keith.belmonte.presentations

MINES & GEOSCIENCES BUREAU MIMAROPA REGION

10/24/2019 5:02:12 PM

5

Ore Transport Certification (OTC) • Required for the transport of ore samples not exceeding two (2) metric tons to be used exclusively for assay and pilot test purposes

• Issued by the Regional Director concerned (DAO No. 2010-21)

keith.belmonte.presentations

MINES & GEOSCIENCES BUREAU MIMAROPA REGION

10/24/2019 5:02:12 PM

6

Delivery Receipt (DR) • Required for the transport of sand and gravel (DAO No. 2010-21) • Issued by the province/city concerned

keith.belmonte.presentations

MINES & GEOSCIENCES BUREAU MIMAROPA REGION

10/24/2019 5:02:12 PM

7

Penal Sanctions and Penalties

keith.belmonte.presentations

MINES & GEOSCIENCES BUREAU MIMAROPA REGION

10/24/2019 5:02:12 PM

8

MOEP • Failure to present the MOEP in the course of transport/shipment of the mineral ore(s),

including tailings upon demand by MGB/DENR personnel and other deputies and/or law enforcement authorities, shall be considered prima facie evidence of illegal mining/theft of minerals and shall be sufficient cause for the seizure/confiscation of the said materials and the tools and equipment, including conveyances used in the transport/shipment of the said materials

• Theft of minerals is committed by any person extracting and disposing the same

without a mining agreement, lease, permit, license or steals minerals/ores or the products thereof.

• Liability = 6 months to 6 years imprisonment or a fine of PhP10,000.00-PhP20,000.00, or

both, plus damages and compensation for the minerals removed, extracted and disposed of.

keith.belmonte.presentations

MINES & GEOSCIENCES BUREAU MIMAROPA REGION

10/24/2019 5:02:12 PM

9

OTP, OTC and DR • Absence of these documents shall be considered prima facie evidence of illegal mining and shall cause the confiscation/seizure of the minerals/mineral products and the tools and equipment including conveyance used in the commission of the offense in favor of the Government pursuant to PD No. 1281, subject to investigation.

• If it is found that the minerals/mineral products seized have been mined, extracted or removed without any permit or authority shall constitute theft of minerals.

keith.belmonte.presentations

MINES & GEOSCIENCES BUREAU MIMAROPA REGION

10/24/2019 5:02:12 PM

10

Who has the authority to arrest and confiscate/seize? • The Bureau officers which include the Regional Director and other Bureau personnel, duly authorized by the Director, DENR personnel duly authorized by the Secretary, Permittee, Contractor, Permit Holder and other duly deputized personnel shall have the authority to arrest offenders, and confiscate/seize illegally-sourced minerals/mineral products and the tools, equipment and conveyance used in the commission of the offense.

keith.belmonte.presentations

MINES & GEOSCIENCES BUREAU MIMAROPA REGION

10/24/2019 5:02:12 PM

11