Updates in Indonesia’s Export Policies and Prohibition: MOT Regulation No. 8 of 2025 and MOT Regulation No. 9/2025
Authors
In a move that underscores Indonesia’s strategic efforts to shape its trade landscape, the Ministry of Trade (“MOT”) has issued two regulations on export sector, MOT Regulation No. 8 of 2025 on Third Amendment to the MOT Reg 22/2023 regarding Goods Prohibited from Export (“MOT Reg 8/2025”) and MOT Regulation No. 9 of 2025 on Third Amendment to the MOT Reg 23/2023 regarding Export Policies and Regulations (“MOT Reg 9/2025”).
These updates highlight the government’s ongoing efforts to regulate trade flows, strengthening compliance, and adapting to the-everchanging landscape of global markets. This ARMA Update highlight the key changes introduced by these regulations and their implications for businesses and exporters.
Exemption for Copper Concentrate Exports in Force Majeure Conditions
MOT Reg 8/2025 introduces exemption to the export prohibition on certain mining commodities. It allows the export of processed mining products, in the form of copper concentrate with a purity level of ≥ 15% Cu, by exporters who have completed the construction of copper commodity metal mineral refining facilities but are unable to operate due to force majeure and require remedial measures. Such exemptions shall be granted in accordance with the applicable laws and regulations governing energy and mineral resources. 1
Export Regulation on Mining Products
MOT Reg 9/2025 allows the export of processed and/or refined mining products, including laterite iron, copper, lead, zinc concentrates, and anode slime, until 31 December 2024. These exports must comply with the energy and mineral resource regulations, with proof of export customs registration. Starting 1 January 2025, exports restrictions will come into effect, allowing exports only for research, re-export, or industrial exports purposes involving imported raw materials or metal scrap. 2 However, this deadline provision does not apply to the mining export which exempted under MOT Reg 8/2025.
Ministerial Oversight in Export Licensing Control
MOT Reg 9/2025 introduces a new provision allowing the MOT, if deemed necessary, to require the Director General to first submit a report on the status of Business Licensing applications in the export sector before processing and/or issuing those license. 3
The implementation of the Service Level Agreement (“SLA”) for the issuance of Business Licensing in the export sector shall consider the report as well as prioritising the national interests.
Other Changes through MOT Reg 9/2025
As the update or amendment of MOT Reg 23/2023, the MOT Reg 9/2025 introduces several key changes aimed at refining the existing export framework. To facilitate your review, please see below a key comparison table that highlights the some of the most significant modifications.
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MOT Reg 23/2023 and its amendments |
MOT Reg 9/2025 |
Remarks |
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Article 8 paragraph (1) |
If there are any changes to the data in the Business Licensing for Export, as referred to in Article 2(4), the Exporter must submit a complete application for the amendment of the Business Licensing for Export in accordance with the applicable requirements within a maximum of 30 (thirty) days from the date of the data change. |
If there are any changes to the data in the Business Licensing for Export, as referred to in Article 2(4), the Exporter must submit a complete application for the amendment of the Business Licensing for Export in accordance with the applicable requirements.
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Omission of the time frame. In the new regulation, it is not specified that the submission of the required application must be submitted within 30 days from the date of the data change. |
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Article 10 paragraph (2) & (4) |
(2) The application for an extension, as referred to in paragraph (1), must be submitted no later than 7 (seven) working days before the expiration of the Registered Exporter status, in accordance with the provisions and requirements for the extension of Business Licensing in the Export sector in the form of a Registered Exporter.
(4) The application for an extension, as referred to in paragraph (3), must be submitted no later than 7 (seven) working days before the expiration of the Export Approval, in accordance with the provisions and requirements for the extension of Business Licensing in the Export sector in the form of Export Approval. |
(2) The application for an extension, as referred to in paragraph (1), must be submitted no earlier than 30 (thirty) days and no later than 7 (seven) working days before the expiration of the Registered Exporter status, in accordance with the provisions and requirements for the extension of Business Licensing in the Export sector in the form of a Registered Exporter.
(4) The application for an extension, as referred to in paragraph (3), must be submitted no earlier than 30 (thirty) days and no later than 7 (seven) working days before the expiration of the Export Approval, in accordance with the provisions and requirements for the extension of Business Licensing in the Export sector in the form of Export Approval. |
The new regulation sets the earliest and the latest timeframes for submission, provides a clearer window timeframe in which the Registered Exporter may start submitting their application for extension on the Registered Exporter Status and the Export Approval. |
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Article 18 paragraph (7) & (8) |
(7) The Business Licensing in the Export Sector, as referred to in Article 2 paragraph (4), for business activities conducted within the KPBPB and KEK areas shall be issued by: a. the Head of the KPBPB Management Agency, for KPBPB areas; or b. the Secretariat General of the National Council for KEK, for KEK areas, in accordance with the provisions of the laws and regulations governing the administration of KPBPB or KEK.
(8) The issuance of Business Licensing in the Export Sector, as referred to in paragraph (7), shall be carried out through an electronic service system provided by the KPBPB Management Agency or the Secretariat General of the National Council for KEK, which is integrated with the OSS System and SINSW to be forwarded to the INATRADE System. |
(7) The Business Licensing in the Export Sector, as referred to in Article 2 paragraph (4), for business activities conducted within the KPBPB and KEK areas shall be issued by: a. the Head of the KPBPB Management Agency, for KPBPB areas; or b. the KEK Administrator, for KEK areas, in accordance with the provisions of the laws and regulations governing the administration of KPBPB or KEK.
(8) The issuance of Business Licensing in the Export Sector, as referred to in paragraph (7), shall be carried out through an electronic service system provided by the KPBPB Management Agency or the KEK Administrator, which is integrated with the OSS System and SINSW to be forwarded to the INATRADE System. |
On paragraph (7), it is stated that the issuer of Business Licensing in the Export Sector within the KEK areas changes from the Secretariat General of the National Council for KEK to the KEK Administrator.
Following on the changes, on paragraph (8), the electronic service system provider also changes from the Secretariat General of the National Council for KEK to the KEK Administrator. |
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Article 39 |
An Exporter who fails to fulfil the obligation to submit an application for data changes in the Business Licensing in the Export Sector, as referred to in Article 8 paragraph (1), shall be subject to administrative sanctions in the form of the suspension of Business Licensing, as referred to in Article 6 paragraphs (1) and (2), Article 9 paragraphs (1) and (2), and Article 11 paragraphs (1) and (2). |
Revoked. |
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Sanctions
Under MOT Reg 9/2025, exporters are no longer subject to licence suspension or revocation for failing to submit a complete application for the amendment of Business Licensing for Export within 30 days from the date of the data change. Previously, such non-compliance resulted in administrative sanctions. With this amendment, the related provisions on suspensions, reactivations, and revocations of Business Licensing for Export have been removed.
As a result, the justifications for reactivating a suspended Export Licence are now limited to the following:
- The Export License remains valid, and the exporter has fulfilled the obligation to report the export realisation;
- An order to terminate an investigation is issued by the investigator; and
- The exporter is proven not guilty or acquitted of legal charges based on a court decision.
Disclaimer:
This client update is the property of ARMA Law and intended for providing general information and should not be treated as legal advice, nor shall it be relied upon by any party for any circumstance. ARMA Law has no intention to provide a specific legal advice with regard to this client update.
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