Freeport Indonesia, subsidiary of Freeport-McMoRan Copper & Gold Inc (one of the world's largest producers of copper and gold), will list five percent of its shares on the Indonesia Stock Exchange through an initial public offering (IPO). Freeport will also sell 10.64 percent of its shares to the Indonesian government. The news was announced by MS Hidayat, Indonesia's minister of Industry, after a meeting in Jakarta with the management of Freeport. Currently, 90.64 percent of Freeport Indonesia's shares are owned by Freeport-McMoRan.

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Freeport Indonesia, subsidiary of American-based Freeport McMoran Copper and Gold, is allowed to continue its open-pit mining activities. The company was forced to halt its mining activities temporarily after an underground tunnel collapsed in mid-May, resulting in the deaths of 28 people. After a thorough evaluation by an independent team of investigators, Freeport is allowed to resume operations. The permission was granted by Indonesia's Ministry of Energy and Mineral Resources.

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After years of struggle and negotiations there now seems light at the end of the tunnel for the Indonesian government and US mining giant Freeport-McMoRan Inc. Both sides signed a Head of Agreement on Thursday 12 July 2018 that will give Indonesia’s state-owned mining company Indonesia Asahan Aluminum (better known as Inalum) and the local government of Papua a 51.23 percent stake in Freeport Indonesia, implying the company - the operator of the Grasberg mine, which is the world’s largest gold mine and second-largest copper mine – will come under Indonesian control.

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Reportedly, the government of Indonesia will hand Freeport Indonesia a temporary export permit for copper concentrate shipments, hence being able to bypass (for the moment) Indonesia's controversial ban on mineral ore exports. Freeport Indonesia, the local unit of US mining giant Freeport McMoRan, has been unable to export copper concentrate for the past three months, thus missing out on about USD $1 billion in revenue. Due to the drop in exports, mining activities at the Grasberg mine in Papua fell drastically, giving rise to concern about layoffs.

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The Indonesian Mining Institute (IMI) is concerned about foreign perceptions of Indonesia's mining sector. According to the Fraser Institute, a Toronto-based public policy research and educational organization, Indonesia now ranks lowest in terms of the "state of the investment climate in the mining sector across the world". A new survey, conducted by the Canadian think-tank, shows that Indonesia's recently introduced government policies (stemming from the New Mining Law) that affect the activities in the mining sector has seriously undermined foreigners' confidence in a conducive investment climate in Indonesia's mining sector.

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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).

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Chances are big that Freeport Indonesia will conduct an initial public offering (IPO) on the Indonesia Stock Exchange to comply with the divestment requirement. Freeport Indonesia, the local unit of US-based Freeport-McMoRan Copper & Gold, operates the vast Grasberg mine in Papua. This mine is the world's largest gold mine and third-largest copper mine. The Indonesian government's divestment requirement is one the demands for starting contract extension negotiations in 2019.

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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.

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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.

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The bargaining over the 10.64 percent stake in Freeport Indonesia has begun. Whereas Freeport proposed a price of USD $1.7 billion, Indonesia's Ministry of Energy and Mineral Resources says the stake is only worth USD $630 million. Due to Government Regulation No. 77/2014 on the Implementation of Mineral and Coal Mining Business Activities, Freeport Indonesia - the local unit of US mining giant Freeport McMoRan - has to divest a 30 percent stake (to an Indonesian party) gradually up to the year 2019. Currently, the central government already owns a 9.36 percent stake in Freeport Indonesia.

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Freeport Indonesia, the local unit of US-based energy and mining giant Freeport-McMoRan Inc, will be allowed by the Indonesian government to operate the Grasberg mine in Papua (the world’s largest gold mine and third-largest copper mine) beyond 2021 (when the existing contract expires). Sudirman Said, Indonesian Minister of Energy and Mineral Resources, told reporters that the central government has provided assurances to Freeport. However, it will require a regulatory amendment first before Freeport Indonesia can submit a proposal for extension.

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One of the weak points of Indonesia, one that seriously hurts the country’s investment climate as well as foreign confidence, is regulatory uncertainty. In 2009 the government of Indonesia introduced Law No. 4/2009 on Mineral and Coal Mining (New Mining Law) which caused a shock in Indonesia’s natural resources sector as it includes several new policies that make investors think twice before investing in Indonesia as the consequences of these new policies are far-reaching. However, a possible new amendment to the law causes new concern.

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