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Today's Headlines 2009 Mining Law
Indonesia's Energy and Mineral Resources Ministry stated that it will remain committed to the agreement that was made between Freeport Indonesia and the central government of Indonesia on 29 August 2017. However, although parent company Freeport-McMoran agreed to divest a majority stake in its Indonesian unit (Freeport Indonesia) in those negotiations, the exact divestment valuation is yet to be agreed upon.
Arizona-based mining giant Freeport-McMoRan finally reached an agreement with the Indonesian government regarding the extension of the permit to operate the Grasberg mine, the world's largest gold mine and third-largest copper mine, in Papua. Ignasius Jonan, Indonesian Energy and Mineral Resources Minister, said Freeport can per direct apply for a 10-year permit extension to mine at Grasberg beyond the year 2021. Afterwards, it can apply once more for a 10-year extension.
The dispute between Freeport Indonesia and the Indonesian government may escalate now the former said it considers to seek international arbitration over the government's alleged breaching and violation of the existing Contract of Work (CoW) between both sides. Ever since the passing of Law No. 4/2009 on Mineral and Coal Mining (New Mining Law) there has been a high degree of uncertainty in Indonesia's mining sector.
A coalition of civil society groups is ready to challenge Indonesia's new mining rules at the Supreme Court next week, specifically those rules that impact negatively on the longstanding Contracts of Work (Kontrak Karya) as well as the (re-)opening of nickel ore and bauxite exports. Late last week, the Indonesian government announced to ease the controversial ban on exports of mineral ore. The government was immediately criticized for this "flip-flop policy". The move could flood global markets and put pressure on prices.
On 15 January 2017, Indonesia Investments released the latest edition of its newsletter. This free newsletter, which is sent to our subscribers once per week, contains the most important news stories from Indonesia that have been reported on our website over the last seven days. Most of the topics involve political, social and economy-related topics such as Indonesia's new mining rules, poverty, cement industry, interesting stock picks for 2017, infrastructure development, tobacco industry, and more.
The government of Indonesia revised rules regarding the ban on unprocessed ore exports. Originally, Southeast Asia's largest economy (a key exporter of natural resources) planned to ban exports of mineral ore per 12 January 2014 in a bid to encourage the development of domestic higher value smelting facilities (part of the New Mining Law that was unveiled in 2009). However, a three-year delay was announced (through a presidential regulation) on the evening before the ban would be imposed as local processing capacity was still insufficient. Now, three years later, there have been more revisions.
On 9 October 2016, Indonesia Investments released the latest edition of its newsletter. This free newsletter, which is sent to our subscribers once per week, contains the most important news stories from Indonesia that have been reported on our website over the last seven days. Most of the topics involve economy-related topics such as Indonesia's September inflation, GDP growth projections, manufacturing, the impact of Brexit, the ban on mineral ore exports, the coal mining and palm oil industries, and more.
Indonesia's Energy and Mineral Resources Minister Luhut Pandjaitan informed local media that the government of Indonesia may allow more time for the nation's miners to build smelting facilities. Law No. 4 of 2009 on Mineral and Coal Mining originally banned mineral ore exports from Indonesia by January 2014 (forcing miners to process the material domestically into value-added products first). However, due to the lack of adequate smelting facilities this ban was delayed by three years (January 2017).
Business activities at Newmont Nusa Tenggara (NNT), one of Indonesia’s largest copper miners, could be disrupted as the subsidiary of US-based mining company Newmont Mining Corp is yet to obtain a recommendation letter (from Indonesia's Energy and Mineral Resources Ministry) to renew its 6-month copper concentrate export permit (which expired on 20 May 2016). The recommendation from the Energy Ministry is needed to obtain the export permit from Indonesia's Trade Ministry.
Copper and gold miner Newmont Nusa Tenggara, the local unit of US-based mining giant Newmont Mining Corp, requested for a new recommendation letter from Indonesia's Energy and Mineral Resources Ministry. This recommendation letter is required to extend Newmont's six-month copper concentrate export permit at the nation's Trade Ministry. This would be the fourth time Newmont's export permit is extended. Whether Indonesia's Energy and Mineral Resources Ministry issues the export recommendation letter depends on progress made with the construction of smelting facilities.
Latest Columns 2009 Mining Law
Whenever Indonesia Investments discusses or illustrates the risks that are involved in Indonesia’s investment environment, we usually take the 2009 Mining Law as an example to illustrate the lack of legal certainty in Indonesia. Lack of legal certainty is one the key obstacles in Indonesia’s investment environment, and has therefore been undermining investment realization in Indonesia.
An interesting story was released on Bloomberg Markets Asia on Wednesday (29/03) about the sliding role of commodities in the Indonesian economy and the need for Southeast Asia's largest economy to find a new growth engine (or better: several new growth engines) that will take the country to economic growth levels of +7 percent year-on-year (y/y) as once pledged by Indonesian President Joko Widodo during his presidential campaign in 2014.
Uncertainty about the continuation of the company's copper concentrate exports could imply that Freeport Indonesia needs to terminate operations at the Grasberg mine in Papua. Currently, shipments of copper concentrate from the mine to the smelter in Gresik (East Java) have ceased, while the company's storage facilities are full to the brim. Part of workers at the Grasberg mine have been sent home as the processing plant has not been producing any concentrate since Friday (10/02).
On Thursday (12/01) the government of Indonesia said it eased regulations concerning the controversial ban on exports of metal ore and concentrates of other minerals. Based on the New Mining Law that was revealed in 2009, Indonesian shipments of mineral ore would be banned starting from January 2014. This policy was designed in order to boost the development of domestic processing facilities (smelters) and become an exporter of value-added mining products (hence becoming less vulnerable to volatile prices of raw materials).
Indonesia is currently discussing the revisions that need to be made to the 2009 Mining Law (Law No. 4/2009 on Mineral and Coal Mining). As there is a lack of progress with the development of smelting (processing) facilities in Indonesia, authorities may decide to postpone the full implementation of the ban on exports of unprocessed mineral ore by five years. Initially, this ban was supposed to come into effect in January 2014. However, it was pushed back to 11 January 2017 to allow more time for smelter development in Southeast Asia's largest economy.
It remains unclear whether Indonesia will revise the export ban that is stipulated by the 2009 Mining Law (Law No. 4/2009 on Mineral and Coal Mining) and is supposed to come into effect on 12 January 2017. The 2009 Mining Law stipulates a ban on the export of unprocessed and semi-processed ores from Indonesia. The regulation aims to boost development of the nation's smelting capacity, hence becoming an exporter of materials that are positioned higher up in the value chain while curbing Indonesia's current dependence on exports of raw materials.
Freeport Indonesia has requested for a recommendation from Indonesia's Ministry of Energy and Mineral Resources to obtain another six-month permit for the export of copper concentrate. The existing permit expires on 8 August 2016. Since Indonesia's ban on mineral ore exports was implemented in January 2014, Freeport Indonesia - subsidiary of US-based natural resources company Freeport McMoRan Copper & Gold Inc - has been required to obtain six-month permits in order to continue shipments of copper concentrate.
According to the Association of Indonesian Processing and Refining Companies (AP3I), consumption of mineral ores in Indonesia will be solid starting from 2017 due to the start of operations of new smelters. Jonathan Handojo, Vice Chairman of the AP3I, says domestic consumption of nickel ore will reach 7 million tons in 2017, roughly the same amount of nickel ore that was exported in 2009 before the New Mining Law - which stipulates a ban on exports of mineral ore from Indonesia (per January 2014) - was revealed.
The government of Indonesia is yet to find a middle way between encouraging the development of processing facilities for the country's mining output and the relaxation of mineral ore exports. Based on Law No. 4/2009 on Mineral and Coal Mining (New Mining Law), exports of mineral ore should have been fully banned in 2014. However, due to the lack of domestic smelting capacity a last-minute regulation was signed in early January 2014 by former Indonesian President Susilo Bambang Yudhoyono that softened this ban.
After the word spread that the government of Indonesia will reevaluate its export ban on mineral ore, Indonesia's Ministry of Energy and Mineral Resources announced it will soon open room for exports of iron sand (a type of sand with heavy concentrations of iron). Bambang Gatot, Director General for Coal and Minerals at the Energy Ministry, said exporters will have to pay export duties but declined to inform about the exact amount. He did say, however, that the mechanism will be similar to the export duty mechanism used for other concentrate exports (including copper) in the "post-New Mining Law era".
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