1. KEMENTERIAN KOORDINATOR BIDANG PEREKONOMIAN
EITI Implementation, Indonesian Initiative to Reform Governance in Extractive Industry Sector
Presentation to multi-stakeholder forum for the ASEAN member
Jakarta, 28 November 2014
Ambarsari Dwi Cahyani
Revenue Specialist/Act. Deputy Head
Secretariat of Extractive Industry Transparency Team (EITI Indonesia)

2. Introduction
In its ongoing fight against corruption, one cannot help considering that Indonesia will resist the idea that transparency is a powerful concept whose time has come.
Being a resource rich nation there has been perceptions that extractive industry firms are not transparent in declaring its production, its operational costs and its revenues.
CSO’s also noted the inconsistency of disclosed data on the industry
Indonesia’s position in the international corruption perception index is among the lowest.

3. Among the Most Corrupt Country?
Background
What is Indonesia’s Main Challenge as a Nation?
(Kompas, 2010)
Among the Most Corrupt Country?
Source: Corruption Perception Index, Transparency International, 2010

4. Public Trust Repressive Measures Preventive Measures
Fights Against Corruption
Repressive Measures
Pre-investigation
Investigation
Prosecution
Assets Tracing
Public Trust
Preventive Measures
Bureaucracy reforms
Wealth Declaration
Transparency
Whistleblower

5. What is EITI?
A globally developed standard that promotes revenue transparency in the exploitation of non renewable energy resources at a local level.
A voluntary coalition of government institutions, companies, civil societies, investors and international organizations.
Principles should oversee that management and use of natural resources from the extractive industries for energy must be done in accordance with the principles of good governance, openness, sustainable development and the improvement of the investment climate.

6. EITI Evolution 2003 EITI Principles 2005
EITI Criteria and Sourcebook (non binding guidance)
2008
EITI Validation Guide (binding requirements)
2011
EITI Rules and Validation Guide
2013
EITI Standard

7. EITI Requirements

8. Monitoringproduction Expenditure Management
EITI Standar
A national multi-stakeholder group decides how their EITI process should work. Agrees EITI workplan with objectives linked to national priorities for the extractive sector.
This group publishes an EITI Report where government revenues and other data are disclosed and independently assessed.
The findings are analyzed and communicated to create public awareness and debate about how the country should better manage their resources.
Production Data
Transfers to local government
Transit payments
(Encouraged)
State owned Enterprises
Government publish receipt
Companies publish payments
License & Contract
Monitoringproduction
Revenue Collecting
Revenue Allocation
Expenditure Management
Licensing Information
State Ownership
Production Contract
(Encouraged))
Beneficial
ownership
(encouraged)
Company social & infrastructure investment
Budget Allocations
EITI Rules
Companies Disclose Payments
Government Discloses Receipt of Payments
Independent Verification of Tax & Royalty Payments
Oversight by a Multi-Stakeholder Group

9. What information does the EITI capture?
How is value captured?
What information does the EITI capture?
Revenue Collection
What the EITI requires:
Taxes & primary revenues(§4.2(a))
In-kind revenues(§4.1(c))
Infrastructure/ barter provisions(§4.1(d)) Transportation Revenues(§4.1(f))
Production Data
What the EITI requires:
Exploration activities (§3.3)
Production volumes & values (§3.5(a) & §3.4(e))
Export volumes & values (§3.5(b))
Economic contribution (§3.4(a)-(c))
Allocation of Rights
What the EITI requires:
Legal framework & fiscal regime (§3.2 )
Register of licenses(§3.9)
License award/transfer process & any deviations (§3.10)
*Beneficial ownership (§3.11)
*Contract/license disclosure(§3.12)

10. What information does the EITI capture?
Sub-National
What the EITI requires:
Direct payments/receipts (§4.2(d))
Mandated sub-national transfers (§4.2(e)) SI
What the EITI requires:
Employment §3.4(d)
Mandated social payments (§4.1(e))
Revenue Management
Where do benefits go?
What information does the EITI capture?
What the EITI requires:
Revenues recorded & not recorded in national budget (§3.7)
*Earmarked revenues & budget/audit processes
(§3.8)

11. Why do countries sign for EITI?
Countries with non-renewable natural resources need to manage them in a way that generates economic growth, promotes welfare to the population and is environmentally sustainable.
To improve sovereign and corporate ratings and lower the investment risk
Consider the possibility to yield additionnal revenues through a review of past accounting practices
Platform for moving to a wider governance reform
Build a framework for collaboration and understanding between government, civil society and corporations.

12. EITI Benefits to
COUNTRIES: economic and political stability and sends a positive signal to foreign investors by fostering sound, sustainable development and poverty reduction
COMPANIES: emergence of stable economic and political conditions an improved investment climate over the long term
CIVIL SOCIETY : Supports good governance, strengthens public institutions and raises public awareness. Helps to understand better the private sector and, consequently, improves its relations with it. Strengthens ties with investors and international organizations.
LOCAL COMMUNITIES: potentially receive a greater share of oil, gas and mining revenues.
STAKEHOLDERS : Create trust environment among stakeholders

13. EITI Implementing Countries
48 EITI implementing countries, 30 compliant countries, 17 candidate countries (USA and UK join in 2014), 1 country suspended.
Indonesia became compliant country in October 2014.
Indonesia is the first EITI compliant country in ASEAN.

14. Why did Indonesia file for EITI?
(Presidential Regulation 26/2010)
Considering:
That the use of extractive resources, which are non-renewable, should be done efficiently and effectively in order to advance general prosperity.
That the management and use of natural resources must be done in accordance with the principles of good governance, including transparency, the inclusion of relevant stakeholders, openness, sustainable development, and the improvement of the investment climate.

15. Challenges in Implementing EITI in Indonesia?
Participating parties need to understand better the benefit transparency brings to the country (question often asked …what’s in it for us?)
Decentralization laws give a lot of power to the regions. Communication with local levels is a must.
Companies and government institutions governed by rules and regulations that limit their liberty to disclose certain financial data.
Ultra nationalistic thinking that EITI would be used as an attempt by international institutions to control Indonesia’s natural resources.
Some thinking that transparency data could be misused for political purposes 
After being admitted as a Compliant Country in October 2014, Indonesia has 3 years to go through the process for validation in accordance to the new EITI Standard.
Understanding and coordination within the Multi-Stakeholder Implementing Team is key to this success until the real EI good governance impacts appear at National and Local levels.

16. The Indonesian MSG Meetings
Key activity to monitor EITI implementation in Indonesia
Leads by the Head of the Implementing Team (MSG) or who represents.
Decision making : consensus
At least every 3 months, held in the Coordinating Ministry for Economic Affairs office.

17. EITI Indonesia Reports
The 1st Report (2009) was published in April 2013.
The 2nd Report (2010 and 2011) consist of Oil & Gas Sector (published in April 2014) and Mineral & Coal Sector were published in June 2014.
The 3rd Report (2012 and 2013) will be published in June The scoping study will be released in December 2014.

18. Brief of the 2nd EITI Indonesia Report (2010-2011 Calender Years)

19. Revenue Streams Oil and Gas Industry Government
Corporate & Dividend Tax (USD)
Production Bonus (USD)
Over/(Under) Lifting Oil&Gas (USD)
Operator
Partner
DG of Budget
SKK Migas
Total Lifting Oil (Barrels) & Gas (MSCF)
GOI Lifting Oil (Barrels) & Gas (MSCF)
DMO (Barrels)
DMO Fee (USD)
Over/(Under) Lifting Oil&Gas (USD)
DG of Oil & Gas
Signature Bonus (USD)
88 reported
11 no report
71 reported

20. Sales Revenue Shares (Coal)
Revenue Streams
Mineral and Coal
Government
Industry
74 reported
9 refused
Royalty
Sales Revenue Shares (Coal)
DG of Mineral & Coal
DG of Tax
Income Tax
DG of Budget
Dividend

21. Reconciliation Result
Oil and Gas
USD 9,1 2 4 6 8 10 12 14
USD 13,1
Tax - Corporate & Dividen Tax
Non-tax - Prod. Bonus, Signature Bonus, DMO Fee, Over Under Lifting Oil & Gas
Reconciliation
Govt Financial Statement
(in billions)
100%
99%

22. Reconciliation Result
Mineral and Coal
IDR 42,44
IDR 71,57
Tax – Income Tax
Non tax - Royalty and Sales Rev.shares
IDR 21,32
IDR 23,98
(in trillions) 2 4 6 8 10 12 14
60%
90%
Reconciliation
Govt Financial Statement

23. Lessons Importance of Speed
It has taken EITI Indonesia four years to get where it is. Could it have gone faster?
Governments have to realize that leadership of an Initiative requires not just a willingness to make important announcements, but also to take a thousand other small but necessary steps.
Multi stakeholders have to realize to follow up the recommendations for improving the governance, otherwise no real impacts appear on the ground.
Communications
EITI is not a Stealth Initiative. It is a Public Initiative.
Therefore, communications is important.
The awareness of government, industry and civil society must be actively built through numerous workshops.
The press must be informed of relevant developments.
A communications strategy is vital.

24. Conclusion Bad governance means bad business.
Transparency ensures the access to information required for accountability and correction of performance.
Transparency provides information and insight needed to build trust and to address stakeholder's key concern about company business and performance.
Independent surveys show that a main impediment to new investment in the extractive industry in Indonesia is the lack of certainty with regards to tax and revenue issue.
Indonesia implements EITI, this would contribute to a more proper policy formulation and predictable business environment where new investments would take place.