2nd UPDATE: Indonesia Government Aims To Buy 21% Of Newmont Unit
April 21 2009 - 8:25AM
Dow Jones News
The Indonesian government aims to buy a 21% stake in Newmont
Mining Corp.'s (NEM) local unit that is due for divestiture,
possibly as early as this year, the minister for state-owned
enterprises' affairs said.
"If we can legally acquire that much (of the unit), we will take
it," Sofyan Djalil told reporters Tuesday.
He added that the Finance Ministry is reviewing possible methods
by which the government can buy the stake in PT Newmont Nusa
Tenggara, which operates Batu Hijau, one of the world's largest
copper and gold mines, located on Indonesia's Sumbawa island.
Meanwhile, a spokesman for Newmont said the company is working
to nullify a pledge agreement on the unit, known as PTNNT, which
the Indonesian government has said is an impediment to the
divestiture and over which the two parties sought arbitration last
year.
"The foreign shareholders of PTNNT are working together...to try
and get the (shares) released by the senior lenders. We're trying
our best to make it happen," Rubi Purnomo, public relations manager
at Newmont Indonesia, told Dow Jones Newswires.
Purnomo was unable to comment on progress in removing the
pledges, or on whether Newmont might have to pay the senior lenders
or pledge other assets in place of the PTNNT shares.
Under its contract of work with the Indonesian government,
Newmont was scheduled to sell 3% of the local unit to Indonesian
parties in 2006, and a further 7% every subsequent year to
2010.
The 3% stake due for divestiture in 2006, and 7% in 2007, are
earmarked for local governments near the mine site, with the
central government holding first right of refusal over the
remaining 21% to be divested by next year.
The government "will exercise our rights up to 2010," Djalil
said. He said the government has requested that Newmont this year
divest its 7% due in 2010.
Djalil didn't elaborate on a time frame for the purchases.
However, international arbitrators on March 31 gave Newmont a 180
day deadline to complete the sale of the 17% of PTNNT that was due
in previous years.
Djalil said the government is looking at the possibility of
forming a consortium of state-owned enterprises to buy the Newmont
shares.
He said such a consortium could seek loans in order to fund the
purchase, but didn't elaborate.
Djalil has said in the past that nickel miner PT Aneka Tambang
(ANTM.JK), coal miner PT Tambang Batubara Bukit Asam (PTBA.JK), tin
producer PT Timah (TINS.JK) or other state-owned firms could buy
the stake in PTNNT.
Government Wants Pledge Arrangement Removed
Djalil said the government has requested Newmont to remove a
pledge agreement from the shares before they are divested. Under
the agreement, shares in PTNNT are pledged as collateral to
Newmont's senior lenders on the Batu Hijau project.
Newmont filed for arbitration in 2007 to avoid being found in
default of its contract, after it missed the deadline to sell 3% of
PTNNT in 2006 and 7% of the unit in 2007, claiming the government
had blocked the sales.
It then filed for further arbitration last year claiming the
government was again blocking sales of the unit - including the
further 7% scheduled for divestiture in 2008 - on the basis that
the pledge agreement with Newmont's lenders meant the shares
couldn't be sold.
Newmont and the Indonesian government said last month the
arbitrators had ruled Newmont and minority partner Sumitomo Corp.
were in default over the delayed stake sales and must move quickly
to divest them.
At the time, Minister for Energy and Mineral Resources Purnomo
Yusgiantoro indicated the arbitrators had overruled Newmont's
request to be allowed to leave the share pledge in place.
Newmont originally pledged 100% of PTNNT to the Export Import
Bank of the U.S., Japan Bank for International Cooperation, and
German bank Kreditanstalt fuer Wiederaufbau, which lent it about $1
billion to develop Batu Hijau. As it pays off the loans, a
proportionate amount of shares are removed from pledge. Purnomo,
the Newmont spokesman, was unable to clarify exactly how many
shares remain under pledge.
Local media reported that Newmont has offered the 7% of PTNNT
due for sale last year at $426 million and the 7% stake due to be
divested this year at $348 million.
Newmont expects the Batu Hijau mine to produce 455 million
pounds of copper concentrate this year, up from 284 million pounds
in 2008, and 486,000 troy ounces of gold this year compared to
269,000 ounces in 2008.
Under Newmont's 1986 contract with the Indonesian government, it
is required to sell 51% of PTNNT to local investors by 2010. A 20%
stake in PTNNT has already been sold to privately-held local firm
PT Pukuafu Indah.
-By Reuben Carder and Linda Silaen, Dow Jones Newswires; 62 21
3983 1277; Reuben.Carder@dowjones.com