PWC Indonesia Energy, Utilities & Mining Newsflash
PWC Indonesia Energy, Utilities & Mining Newsflash
PWC Indonesia Energy, Utilities & Mining Newsflash
51
2014 Negative Investment List p1/ National Energy Policy p3/ Annual Tax Returns for
PSCs p3/ Current status of Land and Buildings Tax (PBB Tax) p4 / Reclamation and
mine closure guarantees p7/ Update on mining area mapping p8/ Mining licences p9 /
Opportunities, Risks and Rewards a balancing act: An investor survey of the Indonesian
oil and gas industry p10 /Newsbytes p13
PwC Indonesia
Energy, Utilities & Mining NewsFlash
www.pwc.com/id
2025
2050
minimum 23%
minimum 31%
Crude oil
Coal
minimum 30%
minimum 25%
Natural gas
minimum 22%
minimum 24%
2050
20%
31%
23%
Crude oil
Coal
Natural gas
New and
renewable
energy
25%
2025
22%
30%
25%
24%
Source: MoEMR
This new target mix compares with a superseded target for 2030 of 2% for oil, 26% for coal, 30% for
gas and 42% for renewables. The new policy specifies coal as the mainstay of national energy supply.
It also states an electrification target of 85% by 2015 and close to 100% by 2020. Previously the 2020
target was 90%. Currently the ratio is around 78%.
b. on 20 April 2012, the DGT issued PER-11 outlining compliance and calculation procedures for PSCs. As with
the previous regulations, PER-11 demarcated NJOP according to whether the relevant land was:i) surface-onshore;
ii) surface-offshore (essentially the water surface); and
iii) subsurface (essentially the seabed).
PER-11 prescribed that the NJOP was to be determined on a m2 basis with the value to be regulated separately
by the DGT. Whilst the onshore, offshore and subsurface values (during exploration) were to be set at
different rates the land area was prescribed as being the full PSC area;
c. on 25 April 2012 and 25 March 2013, the DGT issued KEP-163 and KEP-132 for 1 January 2012 and
2013 PBB objects respectively. These provided the actual m2 values for the onshore, offshore and
subsurface areas for exploration PSCs (noting that a different calculation applies for exploitation PSCs for
the subsurface component).
April 2013 Changes
Various changes were made in April 2013. These changes can be summarised as follows:a. on 20 December 2010, the Government issued GR-79. Article 11(4)(f) of GR-79 indicated (for the first
time) that indirect taxes should be cost recoverable rather than (say) contractually protected. The
relevant elucidation to GR-79 made it clear that indirect taxes included PBB.
b. on 12 April 2013, the MoF issued PMK-76 to replace PMK-15. PMK-76 specifically differentiated the PBB
treatment as follows:i) for pre GR-79 PSCs:- the overbooking process continues to apply; and
ii) for post GR-79 PSCs:- the overbooking does not apply and the PSCs interest holder are required to selfremit the PBB and claim as cost recovery.
c. in June 2013, the DGT issued the holders of post GR-79 PSCs with PBB related SPPTs for PBB Objects held as
at 1 January 2012 and 2013. There was also a series of meetings with SKK Migas and the MoF in an attempt
to clarify a number of unclear calculation issues in particular the meaning of land utilisation.
d. on 30 September 2013, the DGT issued SE-46 to provide further clarification on completing SPOPs for the
offshore component of objects. Perhaps the most significant aspect of SE-46 was to clarify that the NJOP
should only extend to area utilised etc. by the PSC interest holder. Whilst utilisation was not defined the
intent appeared to be to reduce PBB exposure for these PSCs on a go forward basis.
e. on 20 December 2013, the DGT issued PER-45 to replace PER-11 (and effectively therefore SE-46 which was
subordinate to PER-11-see above). Key points outlined in PER-45 (which came into force in 1 January 2014)
were as follows:
i)
definition of Offshore Area:-whilst PER-45 followed the same approach as PER-11 the PER-45
definition did not refer to utilisation thereby raising a question over whether PER-45 revoked the
utilisation interpretation of Offshore Area outlined in SE-46. This issue remains unclear although
during the socialisation of PER-45 the DGT apparently indicated that the interpretation set out under
SE-46 should continue; and
ii) the introduction of a zone concept:- that the zone utilized for oil and gas activities can include areas
outside of the PSC contract area. This effectively expanded the area potentially subject to PBB with the
zone concept most directly impacting the surface component (i.e. with the PBB base for the surface
area becoming the total area not the PSC area).
Onshore
NJOP = Total Area3 x Land NJOP/m22
The resulting PBB applies as follows:i) for productive land subject to PBB
ii) for not yet productive land - subject
to PBB
Offshore
NJOP =Total Area3 x Land NJOP/m22
The resulting PBB applies as follows:i) for offshore area subject to PBB
ii) for other area not subject to PBB
PBB
PBB
b) Subsurface
c) Building
Exploration
NJOP = PSC Area x Land NJOP/m22
Exploration
NJOP = PSC Area x Land NJOP/m22
Exploitation
Capitalisation Number x production sold
x oil crude price/ICP (or natural gas
price) 4
Exploitation
Capitalisation Number x production
sold x oil crude price/ICP (or natural
gas price) 4
General
Total Building Area x Building NJOP/m2
Specific
Total Building Area x Building NJOP/m2
General
Total Building Area x Building NJOP/
m2
Specific
Total Building Area x Building NJOP/
m2
Mining licences
Raemon Utama and Rosh Govindaraj
Temporary Licences
To deal with situations where coal/minerals are
mined ancillary to some other main activity, the
following temporary licences are recognised:
a. Temporary Transporting and Trading
Licence: granted to a mining company to
allow the sale of coal/minerals extracted
during exploration phase.
b. Temporary IUP for Trading: granted to a
company which is not in the mining business
(e.g. road construction), but excavates
coal/minerals as part of its activities. This
licence is required regardless of whether
the company intends to sell or use the coal/
minerals.
Both temporary licences have associated
restrictions:
The licence can be issued only once, cannot
be extended, and is granted for a specific
quantity of coal/minerals;
The licence holder must pay production
royalties on the coal/minerals sold; and
The coal/minerals must be sold domestically.
The licences are granted by the relevant
authority in accordance with the location from
which the coal/minerals are excavated (see
table below). A number of Transport and Sales
IUP-OPs and Processing and/or Refining IUPOPs were issued prior to PerMen 32. Those
licences must be adjusted in accordance with this
regulation by 18 November 2015.
No
37%
Indonesia
Yes
63%
Yes
73%
This month PwC Indonesia will publish the sixth edition of our
survey of the Indonesian oil and gas industry. The survey responses
come from 106 participants from 90 different companies currently
operating in the Indonesian oil and gas sector and therefore can
be used to draw credible conclusions about the issues preventing
the industry from reaching its full potential. The survey shows that
there have been improvements in some areas, but also suggests
that new regulations, contract sanctity, uncertainty over cost
recovery and the impact from other government agencies continue
to stifle investment.
Employment
In line with the continued increase in global demand for oil and
gas, the demand for employees working in the oil and gas industry
in Indonesia is likely to increase over the coming years. Expatriate
numbers are not expected to increase, despite an apparent need
for deepwater and unconventional expertise, largely due to the
new expatriate utilisation regulations adding conditions on the
employment of foreign workers for the upstream and services
sectors. As in the 2012 survey results, a large portion of the
survey participants expect difficulties in attracting sufficient
(skilled) human resources. One of the reasons behind this is the
fact that a significant proportion of skilled local employees seek
employment abroad (mostly in the Middle East) in search of higher
compensation.
Capital Expenditure
Focus of exploration activities
Unconventional
gas (e.g. CBM,
CSG, shale) 17%
Oil
10%
Gas
18%
Combination of
oil and gas 55%
No
29%
Yes
60%
Yes
39%
No
52%
Political stability
Trained workforce
Ease of foreign ownership
Environmental regulation
Geological opportunities
No impact
14%
Yes
48%
No
37%
Other challenges
Survey respondents were divided as to whether the 2014
elections would have significant ramifications for the sector, but
were in agreement that the upstream procurement regulations
were and would continue to have a negative impact on their
business. There was overwhelming support from respondents
for the GoI to provide incentives to support the development of
unconventional gas (90% of recipients), but serious concern as
to whether Indonesia had the knowledge and expertise to extract
and produce unconventional gas. On a concluding note, despite
most respondents indicating that they were not satisfied with the
returns of their investment, the majority (consistent with our past
three surveys) had never considered leaving Indonesia.
For your copy of the 2014 survey of the Oil and Gas Industry,
please contact your regular PwC Indonesia advisor.
Dont know
7%
Yes
90%
Newsbytes
Mining in Indonesia 2014
In May 2014 PwC Indonesia launched the 6th edition of our
popular Mining Investment and Taxation Guide. The guide
provides a comprehensive introduction to the key regulatory and
taxation issues applicable to Indonesian mining investments,
including the Mining Law of 2009 and the recent implementing
regulations. An essential read for new investors to Indonesias
mining sector, or a handy reference for established investors.
The 6th edition captures the latest developments in Indonesias
mining sector, including the ban on export of unprocessed
minerals, which came into force on 12 January 2014, and the
new divestment rules, which require earlier divestment of foreign
interests whenever there is a change in the shareholders of a
company holding an IUP. The 6th edition also includes the 2014
update of the PwC Indonesia Mining Map.
This publication can be downloaded from our website at http://
www.pwc.com/id/en/publications under the Energy, Utilities &
Mining tab. If you would like a hard copy, please contact Nicolas
Saputra on his email [email protected] or Arfianti
Syamsuddin on her email [email protected]
www.pwc.com/id
In May 2014 PwC Indonesia released its 2014 Oil and Gas Survey
(see outline above). The purpose of the survey is to help inform
the public and private sectors in Indonesia and abroad about
Indonesias upstream petroleum industry and to highlight some of
the challenges in attracting optimal investment and achieving its
full potential. Where possible, we have compared current results
with the results from prior surveys to highlight trends and to
assess whether conditions are deteriorating or improving.
The survey questionnaire was sent to individuals working for
more than 150 different companies. We received 106 responses
(representing 90 different companies currently active in the
Indonesian oil and gas sector).
This publication can be downloaded from our website at http://
www.pwc.com/id/en/publications under the Energy, Utilities &
Mining tab. If you would like a hard copy, please contact Nicolas
Saputra on his email [email protected] or Arfianti
Syamsuddin on her email [email protected]
Indonesia Energy, Utilities and Mining NewsFlash | 13
Newsbytes
Oil and Gas in Indonesia
Investment and Taxation Guide 2014
In May 2014 PwC Indonesia released the 6th edition of the Oil
and Gas in Indonesia Investment and Taxation Guide. The guide
provides an extensive overview of the key regulatory and taxation
issues associated with upstream and downstream oil and gas
sectors, as well as the unconventional gas and service sectors. The
guide is an essential read for all stakeholders and those interested
in the oil and gas sector in Indonesia.
www.pwc.com/id
The 6th edition captures the latest legal and regulatory changes
that have occurred in the oil and gas industry during the past
two years. In particular, this edition covers the most recent
developments related to GR 79, land and building tax and the new
negative investment list. The 6th edition also includes the 2014
update of the PwC Indonesia Oil & Gas Map.
This publication can be downloaded from our website at http://
www.pwc.com/id/en/publications under the Energy, Utilities &
Mining tab. If you would like a hard copy, please contact Nicolas
Saputra on his email [email protected] or Arfianti
Syamsuddin on her email [email protected]
Contacts
Assurance
Sacha Winzenried
[email protected]
T: +62 21 528 90968
Dwi Daryoto
[email protected]
T: +62 21 528 91050
Yusron Fauzan
[email protected]
T: +62 21 528 91072
Gopinath Menon
[email protected]
T: +62 21 528 75772
Yanto Kamarudin
[email protected]
T: +62 21 528 91053
Anthony Hodge
[email protected]
T: +62 21 528 90687
Gabriel Chan
[email protected]
T: +62 21 528 90857
Fandy Adhitya
[email protected]
T: +62 21 528 90749
Daniel Kohar
[email protected]
T: +62 21 528 90962
Christina Widjaja
[email protected]
T: +62 21 528 75433
Firman Sababalat
[email protected]
T: +62 21 528 90785
Yudhanto Aribowo
[email protected]
T: +62 21 528 91059
Tim Watson
[email protected]
T: +62 21 528 90370
Anthony J Anderson
[email protected]
T: +62 21 528 90642
Suyanti Halim
[email protected]
T: +62 21 528 76004
Antonius Sanyojaya
[email protected]
T: +62 21 528 90972
Gadis Nurhidayah
[email protected]
T: +62 21 528 90765
Toto Harsono
[email protected]
T: +62 21 528 91205
Tax
Michelle Mianova
[email protected]
T: +62 21 528 75919
Advisory
Mirza Diran
[email protected]
T: +62 21 521 2901
Joshua Wahyudi
[email protected]
T: +62 21 528 90833
Hafidsyah Mochtar
[email protected]
T: +62 21 528 90774
Agung Wiryawan
[email protected]
T: +62 21 528 90666
Michael Goenawan
[email protected]
T: +62 21 528 90340
Consulting
Charles Vincent
[email protected]
T: +62 21 528 75872
This document has been prepared for general guidance on matters of interest only, and does not constitute professional advice. You should not act upon the information contained in the document without
obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this document, and, to the extent
permitted by law, PwC Indonesia, its members, employees and agents accept no liability, and disclaim all responsibility, for the consequences of you or anyone else acting, or refraining to act, in reliance on
the information contained in this document or for any decision based on it.
PwC Indonesia is comprised of KAP Tanudiredja, Wibisana & Rekan, PT PricewaterhouseCoopers Indonesia Advisory and PT Prima Wahana Caraka, each of which is a separate legal entity and all of which
together constitute the Indonesian member firm of the PwC global network, which is collectively referred to as PwC Indonesia.
2014 PwC. All rights reserved. PwC refers to the PwC network and/or one or more of its member firms, each of which is a separate legal entity. Please see http://www.pwc.com/structure for further
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