Indonesia's state news agency Antara reported that the government may review its Mining Law No.4/2009 which stipulates a ban on the export of raw minerals. This controversial new law, through which the government aims to raise more value-added revenues, caused a shockwave across Indonesia's mining sector because a significant amount of mineral exports constitute unprocessed ones. The law, which is set to be implemented on 12 January 2014, implies that minerals need to be processed domestically first before exports are allowed.

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Although the ban on the export of unprocessed minerals, which is set to start on 12 January 2014, is expected to result in a direct revenue loss of USD $4 billion in 2014 due to a decline in mineral exports, Deputy Finance Minister Bambang Brodjonegoro believes that from 2016 onward a trade surplus can be recorded in Indonesia's minerals sector. In 2014, Indonesia's minerals sector may show a USD $10 billion trade deficit. But exports of processed minerals may grow from USD $4.9 billion in 2013 to USD $9 billion in 2015.

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Although Indonesia continues with its plan to ban the export of raw minerals from 2014 onward as stipulated by the 2009 Mining Law, the government is studying the possibility to exempt companies temporarily from this rule if they show serious intentions to build processing factories or smelters in Indonesia in order to produce value-added products. Indonesia is still mainly a raw commodity-exporting country and thus misses out on value-added revenue while being more susceptible to volatility in commodity prices on the global market.

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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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In a new survey, conducted by the Fraser Institute, that assesses the state of the investment climate in the mining sector in 2012-2013 in countries around the globe, Indonesia is ranked at number 96. Both tax and regulatory uncertainties in Indonesia's mining sector are cited as reasons for the low ranking of the country. As investments in the mining sector are capital intensive and long-term in nature, investors thus need a clear legal framework that is not susceptible to sudden changes due to political issues.

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Indonesia has been named one of the world's least attractive places regarding foreign investment in the mining sector according to a survey conducted by Canadian think-tank the Fraser Institute. Major concerns include legal uncertainty and red tape (bureacracy). Moreover, the country has been showing a worsening trend in recent years as its rank declined from 72th in 2009 to 97th in 2013.

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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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ICRA Indonesia released an analysis of the economic impact of the ban on export of raw minerals. The ban - stipulated by the new 2009 Mining Law - became effective per 12 January 2014 (although in a milder form as some mineral ore exports are allowed under specific terms) and aims at boosting domestic processing. However, it led to great concern among domestic and foreign stakeholders as its implications on the economy of Indonesia - a global leader in exports of mineral resources - were unknown.

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The central bank of Indonesia (Bank Indonesia) believes that Indonesia's recently introduced ban on the export of unprocessed minerals, in effect since 12 January 2014, will result in slowing economic growth in several regions in the eastern part of Indonesia as these regions are main sources of mineral production. Doddy Zulverdi, Head of the Economic Assessment Group in Bank Indonesia's Department of Economic and Monetary Policy, said that Sulawesi and Kalimantan will post slowing economic growth this year.

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The BKPM announced that three processing and mineral concentrate refineries (smelters) are in the construction phase and expected to be ready for production in Indonesia this year. Two of the three smelters will process and purify iron ore while the third will process bauxite ore into chemical grade alumina. The three smelters are owned by Indonesia Chemical Alumina. This company, a joint venture between Aneka Tambang (Antam) and Japan, operates in West Kalimantan.

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According to Indonesia's Finance Minister Chatib Basri, the country's trade deficit will continue between 2014 and 2016 (although expecting to show an easing trend) but will turn into a surplus from 2017 onwards. One of the most influential factors that will impact on the trade balance is Indonesia's raw ore export ban, in effect as of Sunday 12 January 2014. In the short term, this ban will limit Indonesia's exports but in the long term, from 2017 onward, it will lead to high added-value exports.

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On Sunday (12/01), one of the most important new laws in the recent history of Indonesia came in force. Mining Law Nr.4/2009, which prohibits the export of unprocessed minerals from Southeast Asia's largest economy, was implemented. However, it was not implemented in its original form. The president of Indonesia, Susilo Bambang Yudhoyono, signed a last-minute regulation which softens the impact of the new law by allowing mining companies to continue exports of copper, manganese, zinc, lead and iron ore concentrate until 2017.

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Indonesia's ban on the export of unprocessed minerals, which is scheduled to take effect on 12 January 2014, is expected to lead to a temporary slowdown of Indonesia's total exports and thus will put more pressure on the country's current account deficit. Despite two consecutive months with trade surpluses (October and November 2013), Indonesia's wide current account deficit is still a concern to investors as well as the government although the deficit has shown an easing trend in recent quarters.

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After having reported yesterday (26/12) that Indonesia's ban on the export of unprocessed minerals, stipulated in Mining Law No.4/2009 (which is set to become in force from 12 January 2014), may be delayed, more and more signs are pointing towards a postponement of this law. Minister of Energy and Mineral Resources, Jero Wacik, said that the government is considering to delay the implementation of the law by two or three years as the ban will cause increased unemployment and the cease of mining operations.

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Starting from 12 January 2014, the export of all mineral-ores are banned in Indonesia. This controversial new policy, stipulated by the 2009 Mining Law (on Minerals and Coal Mining), was agreed upon by the nine fractions in Commission VII of the Indonesian parliament (DPR). Through this new law, the government intends to increase the value of exports while reducing dependence on raw exports and thus becoming less vulnerable to price downswings on the global commodities market.

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There has been quite some commotion regarding Indonesia's mining industry in recent years. The New Mining Law of 2009 implied a number of rigorous changes that are controversial up to the present day. The law was designed to increase Indonesia's profits from its own abundant natural resources, a sector in which many foreign companies are active. For foreigners the new law contains a number of protectionist measures that make Indonesia's mining industry less appealing.

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