The Republic of Indonesia is an archipelago, of approximately 17,580 islands, found in Southeast Asia and Oceania. The government is made up of a multi-party parliament which for the past few years has continually introduced regulatory changes, increasingly attracting and encouraging business and foreign investors. Some investment sectors, such as mining, gas and oil, are given special incentives by the government thus making the challenges way less than opportunities.
With 3.18 trillion cubic meters of proved gas reserves which can produce up to 1004 thousand barrels of oil per day, Indonesia is the top Asian country for gas reserves, 10th gas producer and 7th gas exporter in the world. As the demand for gas and oil grows, natural gas is one of the key products exported to the major world markets and Indonesia has the ability to meet these demands. However, the country is faced with maturing oil fields and declining oil reserves and the only solution, at this point, is to discover more reserves by attracting investment into this upstream and downstream sector.
The Indonesian government has set up special investment arrangements by way of contracts and laws to assist foreign investors in exploring and exploiting the natural resources while the delivering a rational return to the government. The terms of the contract regulates recovery costs, royalties paid to the government and the rates of taxes paid by the investors while the laws set guidelines under which investors must conduct business.
Law No.22 was signed on November 23, 2001(Law No. 22/2001) to regulate gas and oil activities. The law states the differences between upstream and downstream business activities and ensures that all activities related to gas and oil are effective, resourceful, viable and all explorations and exploitations are justifiable. The law also guarantees accountable processing, transport, storage and commercial businesses through just and clear business competition; ensures an efficient supply of oil and gas as an energy source and for local needs; and preserve the environment and enrich public welfare and prosperity fairly.
Another relevant law for investors is the Energy Law No. 30 /2007(signed on August10, 2007). This law provides a new legal agenda for the overall energy sector, with emphasis on profitability, energy security and environmental preservation.
Upstream business activities such as exploration and exploitation are controlled by Production Sharing Contract and an executing agency while downstream activities such as processing, transport, storage and commerce, are controlled by business licenses issued by a regulating agency. The regulating and executing agencies, BPH Migas and BP Migas supervise investor activities to ensure:
a) the protection of all resources and reserves;
b) that safety measures are in place for the working environment;
c) all data on oil and gas is documented;
d) the superior quality of processed products;
e) pollution and environmental damage are minimized ;
f) local services including manpower, goods and engineers are utilized; and
g) the growth of local communities.
Product Sharing Contracts are ‘joint cooperation contracts’ used in upstream business activities. PSCs, as they are called, have evolved and the details have been changed at least five times, with the main variation between each being the production sharing split. The three main points in the contract are:
1) the government and investors agree to divide profits based on percentages;
2) the investor recovers operating costs based on ‘cost oil formulas’ defined by the contract; and
3) the investor’s right to dispose of his share of oil and gas.
In this latest variation of the PSC, after tax equity split is negotiable, there are limits on items available for cost recovery and investment credits are offered as incentives in other areas. However, expenses incurred before the PSC is signed cannot be transferred to the agreement for reimbursement. These costs are recorded by the investor and appear as a bonus when the final contract is signed.
In order for Indonesia to meet its current internal and external demand for refined petroleum products, it has to recognize that it is a necessity to allow foreign investment into the refining sector. This demand is high and presents a great opportunity for the country to gain much needed revenue. This is good move, not only for investing in oil and gas, but also for the equipment and service providers who are brought in by the investors. Indonesia stands out for its tactical expansion plans of its oil and gas industry.