Dear All,

As we noticed the new regulations based on the Indonesian Minerals Laws will be 
applied starting from early January 2013.

We understand that many overseas Investors are getting worried about their 
existing Investments on Mining in Indonesia due to this new Laws as it appears 
that the new Minerals Laws will be affecting all mining projects in Indonesia.

So far the Indonesian Government, especially the top level remains silent as 
they feel the affects will not be as bad as what they predict. 
Several days ago, the leading media newspapers already mentioned that starting 
2013, all exports on Minerals items (this include Steam Coal, Iron Ore, Iron 
Sand, Manganese Ore, Manganese Sand, and many more) will be subject to tax 
imposed @ 25% - and will be increased to 50% by early 2014.

Many local investors and concessions owners have thoughts that under this new 
imposures, there is hardly any profits to be earned from the mining business 
sectors. However there are several loopholes which  we have to carefully study 
and this loopholes will be our key to success.. 

On the legal aspects, mine owners and all parties related to the mining 
business can apply for a Judicial reviews on this Mineral Mining Laws and for 
sure to request the removal / cancellations on the clause where it will help 
benefits for the mine owners. Together we can apply and for sure we can get 
this removal approved by the Constitutional  Courts.

Government may not realize the huge impacts if all mine owners and parties 
related stop operations together by end of December 2012, which means one of 
the biggest tax contributions to the state budgets will help the government to 
find the ways to cancel or pending the application of the new Law. If all stop 
operations together, all mining labors, truck drivers, mechanical operators 
including the HSD (Diesel Oil), hotels in Kalimantan where major big miners are 
based, will be badly affected. These means all labors will not pay their income 
taxes as well.

For sure, if Central Government expected to absorb all mining raw materials 
products locally, there would not be sufficient to be absorbed. Even several 
power plants have converted from steam coal consumptions to gas. To manufacture 
all raw materials from mining sectors will require longer time to prepare and 
construct the factories and erect the machineries.

Firdaus Juven MBA

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