Minerals Report - International Seabed Authority

Minerals Report - International Seabed Authority Minerals Report - International Seabed Authority

05.02.2013 Views

ids. These comprised five Brazilian companies and thirty-nine international companies that included some of the majors. He said that 21 bids were accepted, suggesting that the Government’s take is not prohibitive. With regard to the Government’s take, Dr. Viera de Macedo also pointed out that part of the bidding process included questions relating to the use of the goods and services of local Brazilian companies. He said that the Government’s take was not what it appeared to be but that rather was an indirect take, meant to help to create linkages with the Brazilian economy. He said that the take from a concession varied according to the stage of development, and that the amount is fixed in the agreement. Another participant was of the view that since the Brazilian economy is being opened up, many of the bidders might have entered the process to position themselves. INTERNATIONAL SEABED AUTHORITY 848

CHAPTER 21 OFFSHORE MINERAL POLICY: THE INDONESIAN EXPERIENCE 1. Legal Basis By: Prof. Dr. Hasjim Djalal (Special Advisor to the Indonesian Minister for Ocean’s Exploration and Fisheries) Article 33 of the 1945 Constitution of Indonesia (which is now in force) stated that: a) The Indonesian economy is organized as a common endeavor based on the principle of commonality (kekeluargaan). The branches of production, which are important for the state and which control the livelihood of the common people, are controlled by the state. b) Land and water (sea) and the natural resources contained therein are controlled by the state and shall be used for the utmost prosperity of the people. The Government Declaration of 13 December 1957 adopted the archipelagic state principles, which was enacted into Law number 4/1960, and stated that the archipelagic waters of Indonesia and the 12-miles territorial sea around them were parts of Indonesian national territory and therefore were placed under the national sovereignty of Indonesia. Consequently, all resources contained in those waters and their seabeds were also appertained to the Republic of Indonesia. Subsequently, law number 44 / 1960 on Oil and Gas mining in the country reflected the new situation. Immediately thereafter, Indonesia also ratified the 1958 Geneva Convention on the Continental Shelf by Law number 19 / 1961. INTERNATIONAL SEABED AUTHORITY 849

ids. These comprised five Brazilian companies and thirty-nine international<br />

companies that included some of the majors. He said that 21 bids were<br />

accepted, suggesting that the Government’s take is not prohibitive. With<br />

regard to the Government’s take, Dr. Viera de Macedo also pointed out that<br />

part of the bidding process included questions relating to the use of the goods<br />

and services of local Brazilian companies. He said that the Government’s take<br />

was not what it appeared to be but that rather was an indirect take, meant to<br />

help to create linkages with the Brazilian economy. He said that the take from<br />

a concession varied according to the stage of development, and that the<br />

amount is fixed in the agreement. Another participant was of the view that<br />

since the Brazilian economy is being opened up, many of the bidders might<br />

have entered the process to position themselves.<br />

INTERNATIONAL SEABED AUTHORITY 848

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