http://www.thejakartaglobe.com/opinion/political-shareholder-woes-trip-up-mining-giant-in-indonesia/565801
Political, Shareholder Woes Trip Up Mining Giant in Indonesia
John Mcbeth - Straits Times | January 15, 2013

 An aerial view shows the site of the Grasberg mine, operated by the US-based 
Freeport McMoRan Copper & Gold in Indonesia's Papua province in this Nov. 4, 
2010 file photo. (Reuters Photo/Muhammad Yamin). Freeport-McMoRan Copper & Gold 
has been scrambling to reassure investors that its controversial 
diversification into oil and gas does not mean it is facing problems extending 
its four-decade-long control over Papua province's hugely profitable Grasberg 
copper and gold mine.

"Resource nationalism is always a concern when we operate in the countries we 
do," chief executive and president Richard Adkerson said in a conference call 
last month.

"But there is no development in Indonesia or Africa that is driving us to do 
this."

The world's fifth biggest mining company is battling political headwinds ahead 
of Indonesia's 2014 elections in efforts to negotiate a 20-year extension to 
its contract of work, which expires in 2021.

Freeport claims it is entitled to two 10-year extensions under wording in the 
existing 1991 contract. But the Indonesian government is insisting that it 
conforms with the 2009 Mining Law by converting the contract to a business 
license, which does not carry the same degree of certainty.

Adding to that uncertainty, the constitutional court is hearing a challenge to 
the mining law by the same nationalist lobby which recently won a decision 
forcing Jakarta to restructure how it regulates the oil and gas industry.

Freeport has to get things settled before it dives much deeper into a US$16 
billion program which will convert the Grasberg from a vast open pit into the 
world's biggest underground operation, with electric rail and 900 km of tunnel.

The company is already in negotiations with the government, but given the 
political atmosphere, it is unlikely to reach any deal until after the 2014 
elections — and then with an entirely different set of ministers.

Adkerson has sought to sweeten the pot by offering to list subsidiary Freeport 
Indonesia on the Indonesia Stock Exchange, correctly noting that it might help 
to put the company in a more positive light.

The contract extension aside, the Grasberg mine has other problems. Freeport 
was forced to halt operations for the last three months of 2011 in the face of 
an unprecedented strike involving 8,000 of its workers.

With the labor agreement coming up for its biennial review in March, Freeport 
is now bracing itself for another round of union demands that could cause 
further disruptions in production.

A steady stream of foreign security experts have been advising on the best way 
to guard the mine, especially the 100 km road linking Grasberg to the lowland 
town of Timika which has been the target of frequent sniper attacks.

Because of its past association with the Suharto regime and environmental and 
human rights infractions, real, imagined and invented, Freeport has become the 
foreign company most Indonesians love to hate.

Now it is in trouble with its big shareholders as well. "This is one of the 
worst tele-conferences I've ever heard," snapped Evy Hambro, managing director 
of investment firm BlackRock, as executives sought to justify the planned 
acquisition of two oil exploration firms.

The uproar stems from an apparent conflict of interest in a $20 billion deal to 
buy McMoRan Exploration and Plains Exploration and Development, which will cost 
the Arizona-based mining giant about two-thirds of its market cap.

Because of the way it is structured, the deal did not need shareholder 
approval, an issue that infuriated BlackRock and other investors given 
management's financial interest in McMoRan Exploration and a 17 percent drop in 
the value of Freeport's stock.

McMoRan's shares plunged 35 percent last November because of problematic flow 
tests at its deepwater Davy Jones site in the Gulf of Mexico, which it claims 
has the potential of being the biggest oil discovery in a decade.

Adkerson, who is also co-chairman of McMoRan, talked about the "complexities" 
resulting from overlapping management, with six directors holding dual board 
membership in the two companies.

In essence, Freeport is going back to its roots. Co-founded by geologist James 
"Jim Bob" Moffett in 1969, McMoRan Oil merged with Freeport Minerals in 1981 
and later sold off its oil and gas assets to help fund the development of the 
Grasberg mine.

New Orleans-based McMoRan was spun off in 1994, but the company continued to be 
run by the hard-charging Moffett, the concurrent chairman at Freeport and the 
guiding force behind the latest move.

Recounting the company's history of risk-taking in remote Papua, which 
stretches back to the late 1960s, Moffett basically asked shareholders to trust 
him. "We know how to swing for the fences," he rasped. 

"We're home-run hitters."

Described by Adkerson as the firm's "cornerstone asset", and by Moffett as "the 
best mine in the world", the high-altitude Grasberg mine contributes to 31 
percent of Freeport's revenues — even if the strike did make 2012 an 
exceptionally bad year.

But that dependency is expected to drop to 23 percent as a result of a deal 
that Adkerson calls an "add-on and not a diversion", with 74 percent of future 
revenues expected to come from mining and 26 percent from what he says will be 
self-funding oil and gas operations.

The acquisitions create a resource conglomerate worth $60 billion, inclusive of 
debt, and mark a major shift in strategy for a company which used its Grasberg 
riches to gobble up Phelps Dodge, a firm much bigger than itself, in 2007.

With 10 operating mines in North and South America and Africa, the world's 
biggest copper producer and fifth biggest miner has been looking for 
opportunities outside its core business, worried about the lack of new 
world-class copper deposits.

Their eye firmly on the short term, many shareholders are clearly not convinced 
that getting back into oil and gas is the way to go.

Reprinted courtesy of The Straits Times

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