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.

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The Industry Ministry of Indonesia targets to see the contribution of the manufacturing industry toward the nation's gross domestic product (GDP) rise further above 20 percent in 2017. This growth is supported by the start of operations of several new smelters. I Gusti Putu Suryawirawan, Director General of Metal, Machinery, Transportation Equipment & Electronic Industries at the Indonesian Industry Ministry, said ten new smelters will start the production phase this year.

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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.

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Entrepreneurs in Indonesia urge the central government to provide clarity about the ban on exports of unprocessed minerals that is set to be implemented on 12 January 2017, provided the government will not alter its policy. Initially, the full ban would be introduced on 12 January 2014 in an effort to boost the downstream mining industries (hence becoming an exporter of mining products that are positioned higher in the value chain rather than remaining dependent on raw materials that are very vulnerable to volatile price movements).

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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).

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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.

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By September 2016 the Indonesian government plans to have revised regulations regarding exports of mineral ore, part of Law No. 4/2009 on Mineral and Coal Mining (New Mining Law). Per January 2014 mineral ore exports from Indonesia should have been banned altogether as the government aims to boost domestic smelter development and reduce the country's dependence on raw material exports. However, a last-minute regulation, signed in January 2014, softened this ban and allowed exports of copper, manganese, zinc, lead, and iron ore concentrates until 2017. Now the government may decide for a two-year delay up to 2019.

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There is still the possibility that Freeport Indonesia, subsidiary of US-based natural resources company Freeport McMoRan Copper & Gold Inc, will not be allowed to continue exporting copper concentrate. The existing export permit expires on Thursday (28/01) and the Indonesian government is seemingly unwilling to renew the 6-month permit as Freeport has still not send the USD $530 million deposit for the development of a new smelter. Freeport, on the other hand, says this deposit is not in line with existing agreements.

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Indonesia's Ministry of Energy and Mineral Resources issued an export recommendation letter for copper and gold miner Newmont Nusa Tenggara (NNT), meaning that the company can resume copper concentrate exports for another six-month period after the previous permit expired on 22 September. Bambang Gatot, Director General for Coal and Minerals at the Energy Ministry, said NNT has met all requirements - including those related to NNT's commitment to establish domestic smelting facilities - in order to obtain the export recommendation letter.

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As Indonesia’s Ministry of Energy and Mineral Resources declined to issue a recommendation for the extension of Newmont Nusa Tenggara’s export permit, operations at the Batu Hijau mine (an open-pit gold and copper mine located on the island of Sumbawa in the eastern part of Indonesia) have become uncertain. The six-month permit for copper concentrate exports of copper miner Newmont Nusa Tenggara, a unit of US-based Newmont Mining Corp, expired on Friday (18/09) and was not extended as the company failed to fulfill the government’s requirements regarding smelter development.

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Starting from 12 January 2014, the export of all mineral-ores are banned in Indonesia. This controversial new policy, stipulated by the 2009 Mining Law (on Minerals and Coal Mining), was agreed upon by the nine fractions in Commission VII of the Indonesian parliament (DPR). Through this new law, the government intends to increase the value of exports while reducing dependence on raw exports and thus becoming less vulnerable to price downswings on the global commodities market.

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