Mineral Export Ban Will Be Enforced Without Exception

Kartini L Makmur/Robert Sidauruk

The House of Representatives (House) has refused a request from the Ministry of Energy and Mineral Resource' (ESDM) to exclude certain types of mining companies from the ban on the export of minerals and coal due to come into force on 12 January 2014 (See ILB No. 2290)

“The House refuses to give either exemptions or an extension to the enforcement date of the export ban policy,” said the Vice Minister of ESDM, Susilo Soswoutomo, in Jakarta on Friday.

The Ministry of ESDM had previously requested the House to grant exceptions to the export prohibition for several companies that are parties to Contracts of Work (Kontrak Karya) and hold Mining Business Licenses (Izin Usaha Pertambangan). The imposition of this policy is seen as excessively burdensome on businesses in this sector, particularly those that are developing their own smelters.

To ensure that exceptions would only apply to eligible mining companies, the Ministry of ESDM proposed the application of five criteria.

First, the mining company must secure an approval for a feasibility study to process and refine minerals and coal from the Government. Second, it must make a refundable deposit. Third, it must have sufficient ore reserves for supply to factories. Fourth, it must satisfy all environmental management requirements. Finally, it must finish its smelter construction without delay.

From the business perspective, Poltak Sitanggan, a member of the Indonesia Mineral Business Association (APEMINDO), contends that the export ban policy will burden national mining companies, especially those that are newly established. Foreign mining companies, according to Poltak, will not be significantly affected by the mineral export ban policy.

“To build a smelter, a power plant and other infrastructure is necessary requiring considerably large quantities of funds. The mineral export ban policy will surely hamper the development of national mining companies,” Poltak concluded.

(ds/kc)

Kartini L Makmur/Robert Sidauruk

The House of Representatives (House) has refused a request from the Ministry of Energy and Mineral Resource' (ESDM) to exclude certain types of mining companies from the ban on the export of minerals and coal due to come into force on 12 January 2014 (See ILB No. 2290)

“The House refuses to give either exemptions or an extension to the enforcement date of the export ban policy,” said the Vice Minister of ESDM, Susilo Soswoutomo, in Jakarta on Friday.

The Ministry of ESDM had previously requested the House to grant exceptions to the export prohibition for several companies that are parties to Contracts of Work (Kontrak Karya) and hold Mining Business Licenses (Izin Usaha Pertambangan). The imposition of this policy is seen as excessively burdensome on businesses in this sector, particularly those that are developing their own smelters.

To ensure that exceptions would only apply to eligible mining companies, the Ministry of ESDM proposed the application of five criteria.

First, the mining company must secure an approval for a feasibility study to process and refine minerals and coal from the Government. Second, it must make a refundable deposit. Third, it must have sufficient ore reserves for supply to factories. Fourth, it must satisfy all environmental management requirements. Finally, it must finish its smelter construction without delay.

From the business perspective, Poltak Sitanggan, a member of the Indonesia Mineral Business Association (APEMINDO), contends that the export ban policy will burden national mining companies, especially those that are newly established. Foreign mining companies, according to Poltak, will not be significantly affected by the mineral export ban policy.

“To build a smelter, a power plant and other infrastructure is necessary requiring considerably large quantities of funds. The mineral export ban policy will surely hamper the development of national mining companies,” Poltak concluded.

(ds/kc)

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