Regulating Rare Earth Metal Exports, Ministry of Trade to Revise Permendag 23/2023

The Ministry of Trade (“Kemendag”) plans to once again amend Regulation of the Minister of Trade No. 23 of 2023 on Export Policies and Regulations, as amended several times, most recently through Regulation of the Minister of Trade No. 12 of 2026 (collectively referred to as “Permendag 23/2023”). The revision is part of a series of regulatory initiatives currently being prepared to govern the management and export of rare earth metals (Logam Tanah Jarang – “LTJ”).

“Is there a plan to revise it? Indeed, discussions are currently underway with the Coordinating Ministry for Economic Affairs, and the Ministry of Trade will make adjustments to Permendag 23/2023,” said Rivai Abbas, Director of Industrial and Mining Product Exports at Kemendag. 

The fifth amendment to the regulation is intended to address difficulties in interpreting the export of LTJ as an associated mineral. The new regulation is also expected to provide greater flexibility regarding export limits for certain commodities. Kemendag has expressed its openness to changing minimum thresholds or export standards, including for commodities such as silica, if the existing requirements are deemed no longer relevant to current industry conditions. 

Rivai stated that all adjustments to the provisions will be based on the results of studies and technical requirements currently under discussion by the Ministry of Energy and Mineral Resources. He also confirmed that the revision of Permendag 23/2023 will be aligned with the planned amendment to Regulation of the Minister of Trade No. 6 of 2026 on the Fourth Amendment to Regulation of the Minister of Trade No. 22 of 2023 on Goods Prohibited from Being Export.