Indonesia posted a USD $709.4 million trade surplus in January 2015 according to the latest data from Statistics Indonesia (BPS) released on Monday (16/02). Although the surplus is higher than expected and thus has a positive impact on the country’s trade and current account balances, the data also indicated that exports fell 8.09 percent year-on-year (y/y) to USD $13.30 billion signalling continued weakening global demand for Indonesian exports. Meanwhile, Indonesian imports shrank by 15.6 percent (y/y) to USD $12.59 billion.

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The Chief Executive at Newmont Nusa Tenggara, Martiono Hadianto, said that on Wednesday evening (03/09) a Memorandum of Understanding (MoU) has been signed between the USA- based mining giant and the Indonesian government after an 8-month dispute over the country’s ban on exports of mineral ore (implemented on 12 January 2014). The mining company can now resume copper concentrate exports next week. Earlier this week it had been announced that both sides would come to an agreement.

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The Indonesian government and Newmont Nusa Tenggara (NNT) have reportedly agreed on the content of a renegotiation package after an 8-month dispute over the mineral ore export ban. NNT, subsidiary of the USA-based Newmont Mining Corporation, will be allowed to resume copper concentrate exports up to 200,000 tons (with a value of about USD $400 million) until the end of 2014. Last week, NNT already announced it would not seek international arbitration over this matter.

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State-controlled mining company Aneka Tambang (Antam) feels the negative impact of the Indonesian government’s new mining law (Law No. 4 of 2009 on Mineral and Coal Mining) which replaced its 1967 predecessor. This new mining law is controversial because it contains a number of provisions that are negative for foreign investment in Indonesia’s mining sector. However, domestic players also feel the impact because of the mineral ore export ban, part of the mining law, which was implemented on 12 January 2014.

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Contrary to Newmont Nusa Tenggara (which has been in a heated dispute with the Indonesian government), Freeport Indonesia obtained a permit to resume copper concentrate exports from Indonesia after these had ceased since January 2014 when the government implemented the ban on exports of unprocessed minerals. Freeport Indonesia Chief Executive Rozik Sutjipto announced that the memorandum of understanding between both sides has been signed. The miner is the Indonesian unit of US based Freeport-McMoRan Copper & Gold.

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The construction of smelting and refining facilities in Indonesia - as stipulated in the new and controversial 2009 Mining Law - remains troublesome because several mining companies have delayed construction pending the judicial review of the 2009 Mining Law by the Constitutional Court of Indonesia. Meanwhile, Indonesia's Association of Bauxite and Iron ore Entrepreneurs (APB3I) said that the construction of 5 bauxite smelters need to be postponed due to financial uncertainties.

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Indonesia's Minister for Energy and Mineral Resources Jero Wacik opened the possibility for Newmont Nusa Tenggara, subsidiary of US-based gold miner Newmont Mining Corporation, to resume exports of ore concentrates, provided that Newmont shows its commitment to build a smelter in Indonesia as in accordance with the new and controversial 2009 Mining Law. One of the targets of this new law is to boost Indonesia’s downstream mining industry by prohibiting export of unprocessed minerals.

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R. Sukhyar, Director of Mineral and Coal at the Indonesian Energy and Mineral Resources Ministry said that 184 mining business licenses (Indonesian: Izin Usaha Pertambangan, or IUP), needed for exploration and mining activities, have been revoked this June because of overlapping mining areas and illegal administration. The revoked permits concerned mining areas in Jambi (99 revoked licenses), South Sumatra (83), and South Sulawesi (2). This case is another illustration of weak governance in Southeast Asia’s largest economy.

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R. Sukhyar, Director General for Coal and Mineral Resources at the Indonesian Ministry of Energy and Mineral Resources, said that Freeport Indonesia and Newmont Nusa Tenggara, two of the largest copper miners in Indonesia, have shown their commitment to build refining facilities (in line with the 2009 Mining Law) by agreeing to transfer a total of USD $140 million to the government as a deposit guarantee. Freeport will transfer USD $115 million, whereas Newmont will transfer the remaining USD $25 million.

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At the Board of Governors Meeting (08/05), Bank Indonesia decided to keep its benchmark interest rate (BI Rate) at 7.50 percent, the Lending Facility at 7.50 percent and the Deposit Facility at 5.75 percent. Bank Indonesia considers this monetary policy consistent with efforts to direct inflation back to its target level of 4.5 ± 1 percent in 2014 and 4.0 ± 1 percent in 2015, as well as to further ease the country's current account deficit to a more sustainable level. On Friday, Bank Indonesia is expected to release current account data covering Q1-2014.

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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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