Governance
Following are some of the crucial licenses and regulations that coal mining and trading companies need to follow in Indonesia.
- Exploration IUPs/IUPKs are granted for performance of general surveys, exploration and feasibility studies within a Mining Business Licence Area (WIUP) and Special Mining Business Licence Area (WIUPK) respectively.
- To sell coal and/or minerals extracted during the exploration phase, the holder of Exploration IUP/IUPK must obtain a Temporary Licence for Transport and Sales from the MEMR, Governor, or regent/Mayor.
- IUP-OPs/IUPK-OPs are granted for performing production operation activities such as construction, mining, processing and or refining, etc, within the WIUP and WIUPK respectively.
- IUP-OPs Specifically for Processing and/or Refining are granted specifically for purchasing, transporting, processing, and refining, as well as selling the mineral and coal commodities.
- IUP-OPs Specifically for Transportation and Sales are granted specifically for purchasing, transport, and selling the mineral and coal commodities.
- Business entities that are not engaged in the mining business but wish to sell their minerals or coals as a side impact of their mining activities are still required by MEMR Reg 11&22/2018 to obtain an IUP-OP for Sales. Examples of these business entities include those that run their businesses in the fields of construction of traffic facilities and infrastructures, port constructions, tunnel constructions, civil constructions, and/or dredging of river, lake, and/or sea.
- Mining Service Business Licence (IUJPs) are granted specifically for performing core mining service business activities in relation to certain phases/parts of the mining business activities, which include consultation, planning and implementation in a number of fields.
- Clean and Clear License (CNC). To obtain a clean and clear certificate, mining companies must prove they have no outstanding royalty and other tax debts; that rehabilitation funds have been collected and saved in a government bank account; that exploration and environmental commitments have been fulfilled; and that concession areas do not overlap with protected forest areas or with other companies’ concessions, including for palm oil and timber plantations.
- Indonesian Export Tax. Since early 2021, Indonesia government has levied an export tax for all outgoing shipments.