介绍印尼2012矿业法修正案的文章en.docxVIP

Amendment of Government Regulation No. 23 of 2010 Increases the Mining Divestment Requirement to 51%来源：/c/indonesia/developments/17689Government Regulation No. 24 of 2012 on the Amendment of Government Regulation No. 23 of 2010 on the Implementation of Mineral and Coal Mining Business Activities (Regulation) has been issued, with immediate effect, on 21 February 2012 in order to revise the implementation of certain aspects of Law No. 4 of 2009 on Mineral and Coal Mining (Law). The regulation contains a number of clarifications and elaborations, as the implementation of the Law is fine-tuned, but also marks a dramatic change in the divestment requirement - calling for majority Indonesian ownership after 10 years of production. ? ? ? ?The Regulation increases the divestment requirement from 20% after 5 years to 51% after 10 years, in yearly increments starting from the 6th year. This has been in discussion for a number of months and appears to be another example of populist policies, the implementation of which, however, appears to be largely left for the next administration to oversee after the 2014 election. The divestment requirement is worded so as to only apply to holders of mining licenses (Izin Usaha Pertambangan?/ IUPs) and special mining licenses (Izin Usaha Pertambangan Khusus?/ IUPKs), which stem from the new licensing system that came into force in 2009 under the Law. Therefore it appears to only immediately affect producing CoWs that have been extended, and consequently converted, since 2009, while the earliest it could have an effect on the bulk of IUPs and IUPKs, which have commenced production after being converted from exploration, is in 2015.The Law calls for the terms of the Contracts of Work (CoWs) issued under the previous licensing system to be adjusted in line with the Law, for which purpose an evaluation team has been formed to determine the governments position on such adjustments. At this time, however, it remains unclear exactly how the dive