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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
The central bank of Indonesia (Bank Indonesia) believes that the USD $430 million trade deficit that was recorded in January 2014 is a normal result taking into account the implementation of the ban on exports of unprocessed minerals (which reduces exports of materials such as copper and nickel) and seasonal trends as exports are always lower in January than in December due the end of winter peak demand for raw materials and ongoing contractual negotiations at the beginning of each year.
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