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Thursday, 06 February 14
INDONESIA'S BAN ON THE EXPORT OF RAW MINERAL ORES COMES INTO FORCE - INCE & CO
COALspot.com: On 12 January 2014, the ban on the export of unprocessed mineral ores came into effect in Indonesia. This ban enforces the Mining Law passed five years ago in 2009, which mandates that mineral ores for export must be processed in-country from 12 January 2014.
It appears, however, that not all minerals are treated equally: it is reported that the law allows for different minimum processing requirements for different minerals before they can be exported.
Bauxite, nickel, tin, chromium, gold and silver are required to be fully processed or refined before export. Mineral ores that can be exported semi-processed or with only purification include copper, iron, lead and zinc.
The new law also seeks to regulate the export of minerals through a progressive tax. Higher export taxes will be imposed on minerals having lower levels of purification or processing, in order to encourage processing to be carried out in Indonesia rather than overseas.
It has also been reported that some 60-odd companies in Indonesia will still be allowed to continue to export unprocessed mineral ores.
However, until more details emerge or the regulation implementing the ban is publicly available, the exact parameters (for instance, the minimum level of purity required of each mineral before it can be exported) and impact of the ban, is uncertain.
Enforcement of the ban is another issue, considering the fact that it has been reported that Indonesia does not currently have the ability to process the mineral ores to the requisite purity levels for export. In context with the impact of the ban on Indonesia’s economy, this may mean that the ban is not ultimately as widely enforced as currently anticipated.
What this means for traders
This ban is likely to have an impact on trade contracts. In particular, traders will have to consider whether the Indonesian government’s new export restrictions fall within the provisions of their contracts dealing with force majeure situations. The extent to which traders will decide to utilise force majeure or other similar provisions like material adverse change clauses in their contracts would also depend on the prevailing market level: if traders are making a loss, they might be more likely to invoke such provisions to cancel their contracts or to excuse or suspend performance of their obligations under the contract.
Traders could also face shipment delays on liftings in Indonesia due to uncertainty in the level of processing required for mineral exports.
On the same note, traders (and charterers) may also face more claims from shipowners for demurrage and other costs as a result of vessels being delayed in departing from Indonesian ports. The potential of this increased risk was starkly illustrated by recent reports that a number of Chinese bulkers which had completed loading were detained at Indonesian ports in the lead up to the ban. We understand that these ships have since been allowed to depart. (Originally published on 22 January 2014)
By: John Simpson (Mr) & Maureen Poh (Ms)
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About Mr John Simpson:
John specialises in the handling of litigation, arbitration and alternative dispute resolution for his clients. John has experience of English litigation and of arbitration in London and Singapore, almost always relating to cross border disputes.
John is experienced in litigation in London and in arbitration under the rules of various arbitration bodies, including the SIAC, the ICC and the LCIA. John joined Ince & Co London in 1999, moving to Ince & Co Singapore in 2007. John has been a partner of Ince & Co since 2010.
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About Ms Maureen Poh
Maureen joined Ince & Co Singapore in 2013, having previously worked in Ince & Co's Shanghai office since 2011 . Her main areas of practice are dry shipping, and international trade and commodities.
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About Ince & Co
Ince & Co an international commercial law firm with offices in Beijing, Dubai, Hamburg, Hong Kong, Le Havre, London, Monaco, Paris, Piraeus, Shanghai and Singapore.
Ince & Co clients are range from major international corporations to smaller companies, sole traders and private individuals. Ince & Co practises English, French, German, Greek, Hong Kong and PRC law. http://www.incelaw.com
Views and opinions / conclusion expressed herein are personal views of the authors and not that of COALspot.com.
If you believe an article violates your rights or the rights of others, please contact us.
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Monday, 10 February 14
Q1 2015, API 8 CFR SOUTH CHINA COAL SWAP CLOSED AROUND $ 2 HIGHER THAN Q2 14 PRICE
COALspot.com: API 8 CFR South China Coal swaps for average Q2 14 delivery lost 2.61 percent month on month and closed at US$ 77.28 per mt as on Frid ...
Monday, 10 February 14
SUPRAMAX STILL AT AROUND US$ 5K + BB 50K DELIVERY KALIMANTAN FOR A TRIP TO INDIA - CAPT. REDDY
COALspot.com: The BDI was down by 1.71 pct and closed at 1091 points week ended 7 February 2014. The BDI seemed to reach the bottom as the cape inde ...
Saturday, 08 February 14
U.S PRODUCED 84.5 MMMST OF COAL IN JANUARY; 2.05% UP MONTH ON MONTH, EIA SAYS
COALspot.com – United States the world’s second largest coal producer, produced approximately 18.8 million short tons (mmst) of coal in ...
Friday, 07 February 14
DRY BULK MARKET ON ' REVERSE' MODE DUE TO CHINESE HOLIDAYS - NIKOS ROUSSANOGLOU, HELLENIC SHIPPING NEWS
The dry bulk market has kept its uninspiring mood throughout yet another week, with the Baltic Dry Index (BDI) hovering slightly above the 1,000-poi ...
Thursday, 06 February 14
THE WORLD LARGEST COAL EXPORTER SHIPPED AROUND 35.90 MMT OF COAL IN DECEMBER 2013
COALspot.com: Indonesia, the world 4th largest coal producer and the Global largest multi grade coal exporter shipped around $2* billion worth ...
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- Antam Resourcindo - Indonesia
- Aditya Birla Group - India
- Indika Energy - Indonesia
- India Bulls Power Limited - India
- Miang Besar Coal Terminal - Indonesia
- TNB Fuel Sdn Bhd - Malaysia
- Dalmia Cement Bharat India
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Asmin Koalindo Tuhup - Indonesia
- Anglo American - United Kingdom
- Coastal Gujarat Power Limited - India
- Barasentosa Lestari - Indonesia
- GVK Power & Infra Limited - India
- Mercator Lines Limited - India
- Banpu Public Company Limited - Thailand
- Port Waratah Coal Services - Australia
- Vedanta Resources Plc - India
- Bayan Resources Tbk. - Indonesia
- Riau Bara Harum - Indonesia
- Indogreen Group - Indonesia
- Jorong Barutama Greston.PT - Indonesia
- Indonesian Coal Mining Association
- Indo Tambangraya Megah - Indonesia
- Formosa Plastics Group - Taiwan
- Aboitiz Power Corporation - Philippines
- Bank of Tokyo Mitsubishi UFJ Ltd
- Oldendorff Carriers - Singapore
- CIMB Investment Bank - Malaysia
- Indian Oil Corporation Limited
- AsiaOL BioFuels Corp., Philippines
- Sree Jayajothi Cements Limited - India
- Minerals Council of Australia
- Alfred C Toepfer International GmbH - Germany
- ASAPP Information Group - India
- Star Paper Mills Limited - India
- Gujarat Mineral Development Corp Ltd - India
- SMG Consultants - Indonesia
- Kobexindo Tractors - Indoneisa
- Pendopo Energi Batubara - Indonesia
- CNBM International Corporation - China
- Petron Corporation, Philippines
- The State Trading Corporation of India Ltd
- Bukit Baiduri Energy - Indonesia
- Meenaskhi Energy Private Limited - India
- GMR Energy Limited - India
- Price Waterhouse Coopers - Russia
- Gujarat Sidhee Cement - India
- White Energy Company Limited
- Sindya Power Generating Company Private Ltd
- Semirara Mining and Power Corporation, Philippines
- Australian Commodity Traders Exchange
- Maharashtra Electricity Regulatory Commission - India
- Jaiprakash Power Ventures ltd
- Sical Logistics Limited - India
- Leighton Contractors Pty Ltd - Australia
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Parry Sugars Refinery, India
- Thai Mozambique Logistica
- Petrochimia International Co. Ltd.- Taiwan
- Manunggal Multi Energi - Indonesia
- Ceylon Electricity Board - Sri Lanka
- VISA Power Limited - India
- Cement Manufacturers Association - India
- Agrawal Coal Company - India
- Commonwealth Bank - Australia
- Kideco Jaya Agung - Indonesia
- Orica Mining Services - Indonesia
- MS Steel International - UAE
- Kaltim Prima Coal - Indonesia
- Ministry of Transport, Egypt
- Offshore Bulk Terminal Pte Ltd, Singapore
- Rio Tinto Coal - Australia
- Altura Mining Limited, Indonesia
- Borneo Indobara - Indonesia
- Economic Council, Georgia
- Timah Investasi Mineral - Indoneisa
- Cigading International Bulk Terminal - Indonesia
- GAC Shipping (India) Pvt Ltd
- Coal and Oil Company - UAE
- Posco Energy - South Korea
- Krishnapatnam Port Company Ltd. - India
- PNOC Exploration Corporation - Philippines
- Ministry of Mines - Canada
- Parliament of New Zealand
- Independent Power Producers Association of India
- Siam City Cement PLC, Thailand
- Indian Energy Exchange, India
- Kohat Cement Company Ltd. - Pakistan
- Maheswari Brothers Coal Limited - India
- Coalindo Energy - Indonesia
- Trasteel International SA, Italy
- European Bulk Services B.V. - Netherlands
- Orica Australia Pty. Ltd.
- Planning Commission, India
- Vijayanagar Sugar Pvt Ltd - India
- Salva Resources Pvt Ltd - India
- Ambuja Cements Ltd - India
- Directorate General of MIneral and Coal - Indonesia
- South Luzon Thermal Energy Corporation
- Karaikal Port Pvt Ltd - India
- GN Power Mariveles Coal Plant, Philippines
- Mintek Dendrill Indonesia
- Tamil Nadu electricity Board
- Attock Cement Pakistan Limited
- PetroVietnam Power Coal Import and Supply Company
- Kapuas Tunggal Persada - Indonesia
- Heidelberg Cement - Germany
- Bukit Makmur.PT - Indonesia
- Intertek Mineral Services - Indonesia
- Kartika Selabumi Mining - Indonesia
- Romanian Commodities Exchange
- Kepco SPC Power Corporation, Philippines
- Georgia Ports Authority, United States
- Tata Chemicals Ltd - India
- Ministry of Finance - Indonesia
- Merrill Lynch Commodities Europe
- Mjunction Services Limited - India
- Grasim Industreis Ltd - India
- Wood Mackenzie - Singapore
- Mercuria Energy - Indonesia
- McConnell Dowell - Australia
- The University of Queensland
- Thiess Contractors Indonesia
- Bhoruka Overseas - Indonesia
- Eastern Energy - Thailand
- Marubeni Corporation - India
- Billiton Holdings Pty Ltd - Australia
- Sarangani Energy Corporation, Philippines
- Iligan Light & Power Inc, Philippines
- Kumho Petrochemical, South Korea
- Neyveli Lignite Corporation Ltd, - India
- IEA Clean Coal Centre - UK
- Bharathi Cement Corporation - India
- Central Java Power - Indonesia
- Therma Luzon, Inc, Philippines
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Africa Commodities Group - South Africa
- Renaissance Capital - South Africa
- Madhucon Powers Ltd - India
- Holcim Trading Pte Ltd - Singapore
- ICICI Bank Limited - India
- Toyota Tsusho Corporation, Japan
- Gujarat Electricity Regulatory Commission - India
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- San Jose City I Power Corp, Philippines
- Ind-Barath Power Infra Limited - India
- Pipit Mutiara Jaya. PT, Indonesia
- Vizag Seaport Private Limited - India
- Global Coal Blending Company Limited - Australia
- Globalindo Alam Lestari - Indonesia
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Electricity Authority, New Zealand
- Kalimantan Lumbung Energi - Indonesia
- Chamber of Mines of South Africa
- Global Green Power PLC Corporation, Philippines
- Bhatia International Limited - India
- Power Finance Corporation Ltd., India
- Directorate Of Revenue Intelligence - India
- SMC Global Power, Philippines
- Jindal Steel & Power Ltd - India
- Central Electricity Authority - India
- Eastern Coal Council - USA
- Samtan Co., Ltd - South Korea
- Australian Coal Association
- International Coal Ventures Pvt Ltd - India
- Siam City Cement - Thailand
- Bahari Cakrawala Sebuku - Indonesia
- Global Business Power Corporation, Philippines
- PowerSource Philippines DevCo
- Karbindo Abesyapradhi - Indoneisa
- Edison Trading Spa - Italy
- Savvy Resources Ltd - HongKong
- Interocean Group of Companies - India
- Sakthi Sugars Limited - India
- Latin American Coal - Colombia
- TeaM Sual Corporation - Philippines
- Baramulti Group, Indonesia
- Metalloyd Limited - United Kingdom
- The Treasury - Australian Government
- IHS Mccloskey Coal Group - USA
- Makarim & Taira - Indonesia
- PTC India Limited - India
- Sinarmas Energy and Mining - Indonesia
- Uttam Galva Steels Limited - India
- LBH Netherlands Bv - Netherlands
- Energy Link Ltd, New Zealand
- Bhushan Steel Limited - India
- London Commodity Brokers - England
- Malabar Cements Ltd - India
- Goldman Sachs - Singapore
- SN Aboitiz Power Inc, Philippines
- Energy Development Corp, Philippines
- Singapore Mercantile Exchange
- Electricity Generating Authority of Thailand
- Xindia Steels Limited - India
- Straits Asia Resources Limited - Singapore
- Semirara Mining Corp, Philippines
- Chettinad Cement Corporation Ltd - India
- Videocon Industries ltd - India
- Deloitte Consulting - India
- Sojitz Corporation - Japan
- Essar Steel Hazira Ltd - India
- Rashtriya Ispat Nigam Limited - India
- Bulk Trading Sa - Switzerland
- Wilmar Investment Holdings
- Medco Energi Mining Internasional
- Larsen & Toubro Limited - India
- New Zealand Coal & Carbon
- OPG Power Generation Pvt Ltd - India
- Lanco Infratech Ltd - India
- Standard Chartered Bank - UAE
- Bangladesh Power Developement Board
- Simpson Spence & Young - Indonesia
- Binh Thuan Hamico - Vietnam
- Meralco Power Generation, Philippines
- Carbofer General Trading SA - India
- Bukit Asam (Persero) Tbk - Indonesia
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