There is still no agreement between Indonesia and Freeport Indonesia regarding the sale of a 10.64 percent stake in Freeport Indonesia. Indonesia's Ministry of Energy and Mineral Resources objected to the USD $1.7 billion asking price for the stake in Freeport Indonesia, the local unit of US mining giant Freeport McMoRan. Based on Indonesian Government Regulation No. 77/2014 on the Implementation of Mineral and Coal Mining Business Activities, Freeport Indonesia is required to divest a 30 percent stake (to an Indonesian party) before 2019.

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Indonesian oil & gas exploration and production firm Medco Energi Internasional is reportedly eager to acquire a majority stake in copper and gold miner Newmont Nusa Tenggara (NNT), subsidiary of the US-based mining giant Newmont Mining Corp, which operates the Batu Hijau copper and gold mine on Sumbawa (West Nusa Tenggara). On Wednesday (25/11), the Medco Group informed Indonesian Coordinating Minister for Maritime Affairs Rizal Ramli that a MoU has already been signed between Medco and NNT to purchase a 76 percent stake, valued at USD $2.2 billion.

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Commission XI of Indonesia’s House of Representatives (DPR), which oversees the country’s banking sector, will soon propose a new draft of a bill that sets to limit foreign ownership in Indonesian banks at 40 percent (from 99 percent currently). Established banks that are majority-owned by foreigners will be given a 10-year period to divest their shares after the bill has been passed into law (reportedly an earlier draft only provided a five-year transition period for this mandatory divestment).

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Over the past decade we have seen some examples of protectionist tendencies in the mining sector of Indonesia. For example, gold and copper miner Freeport Indonesia came under Indonesian control in late-2018 after the state acquired a 52.1 percent stake in the company as a consequence of renegotiations (which also involved the extension of the company’s mining permits in Indonesia).

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Chances are big that Freeport Indonesia will conduct an initial public offering (IPO) on the Indonesia Stock Exchange to comply with the divestment requirement. Freeport Indonesia, the local unit of US-based Freeport-McMoRan Copper & Gold, operates the vast Grasberg mine in Papua. This mine is the world's largest gold mine and third-largest copper mine. The Indonesian government's divestment requirement is one the demands for starting contract extension negotiations in 2019.

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The bargaining over the 10.64 percent stake in Freeport Indonesia has begun. Whereas Freeport proposed a price of USD $1.7 billion, Indonesia's Ministry of Energy and Mineral Resources says the stake is only worth USD $630 million. Due to Government Regulation No. 77/2014 on the Implementation of Mineral and Coal Mining Business Activities, Freeport Indonesia - the local unit of US mining giant Freeport McMoRan - has to divest a 30 percent stake (to an Indonesian party) gradually up to the year 2019. Currently, the central government already owns a 9.36 percent stake in Freeport Indonesia.

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The obligation for foreign companies to perform a divestment of part their shares to Indonesian companies has raised already much discussion among foreign investors. Before the enactment of BKPM regulation number 5/2013 on Guidelines and Procedures on Licensing and Non-licensing of Capital Investment as amended by BPKM regulation number 12/2013 (BKPM Regulation), divestment was required for all foreign companies (PMA) in Indonesia. The new regime of the BKPM Regulation removes this obligation, even though there are still sectors in Indonesia which require foreign companies to divest, such as the mining sector.

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