Australia-based BHP Billiton, the multinational firm engaged in copper, iron, gold, and coal mining, is reportedly considering to stop operations at its Indonesian coal mining sites - or even to sell these assets - due to the unattractive outlook for the global coal price. Through a 75 percent stake in IndoMet Coal, BHP Billiton holds seven (long-standing) Coal Contracts of Work (PKP2B) in Central Kalimantan. The company is now conducting a strategic review of all its business operations (including the Indonesian assets) to determine which direction to take.

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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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The Indonesian government seems to abandon or delay its policy of banning mineral ore exports from 2017 onward. In January 2014 the ban on exports of raw minerals, part of the 2009 Mining Law, came into effect. However, due to the lack of domestic processing facilities the government allowed the resumption of certain concentrate exports (such as copper concentrate) provided the miner would be committed to the construction of smelting facilities, and pay higher taxes and royalties. The export ban was highly controversial as it conflicted with existing contracts and therefore caused outrage in Indonesia's mining industry.

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Again there has emerged speculation that Indonesia may not fully implement its ban on exports of concentrates (partially processed metals) in 2017. This controversial ban, part of the country's 2009 Mining Law, aims to boost domestic processing facilities and reduce the country's dependence on raw commodity exports. The ban was originally implemented in January 2014. However, as there was insufficient domestic smelting capacity full implementation would imply a huge revenue loss. Therefore, concentrate exports were allowed to resume (until 2017) provided exporters pay higher taxes, royalties and provide evidence that they are committed to develop smelters.

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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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Today, Freeport Indonesia and the Indonesian government will continue negotiations regarding the miner’s request to export 575,000 tons of copper over the next six months. Freeport’s previous export permit expired on 25 July and as the local unit of US mining giant Freeport McMoRan has not yet met demands of the government it failed to get an extension for copper concentrate exports. As a result, shares of parent company Freeport McMoran Inc. tumbled 9.90 percent on the New York Stock Exchange on Friday (24/07).

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Conditions remain tough for Indonesian coal miners in the post-2000s commodity boom. Plagued by low global coal prices since 2008, Indonesian coal miners first raised production rates in order to maintain healthy balance sheets (hence exacerbating the supply glut and putting more downward pressure on coal prices). As this backfired, they then put in place more cost-efficient policies (such as curbing the stripping ratio) in an effort to safeguard profits. However, as prices continued to slide miners are now forced to limit production to survive.

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Indonesian miners may be allowed to resume bauxite exports after a government official signalled that the Indonesian government is looking at relaxing its (raw) mineral export ban. This ban, implemented in January 2014, was introduced in an effort to boost domestic processing capacity, generate more revenue (by adding value to its mineral products) and enhance employment opportunities in Southeast Asia’s largest economy. However, amid the lack of domestic smelting capacity, the export ban has led to a plunge of exports.

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The Indonesian Ministry of Energy and Mineral Resources signaled that the government may (again) decide to postpone full implementation of its ban on exports of raw mineral ores and concentrates as the country still lacks sufficient smelting capacity to produce value-added mining products. Through this export ban, stipulated by the 2009 Mining Law, the Indonesian government aims to enhance revenue generation in the country’s natural resources sector by forcing miners to produce and export value-added products instead of raw materials.

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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.

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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.

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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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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).

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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.

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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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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.

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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.

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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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