Regulation of the Minister of Energy and Mineral Resources No. 027/2006 on Administration and Use of Data Acquired from General Survey, Exploration, and Exploitation of Oil and Gas

Article 1 3. Government Regulation No. 35/2004 on Oil and Gas Hereinafter referred to as: Upstream Business Activities (Statute Book of 2004 1. Oil and Gas, General Survey, Exploration, Exploita- No. 123, Supplement to Statute Book No. 4435) as tion, Operational Area, Business Enterprise, Perma- already amended by Government Regulation No. 34/ nent Establishment, Joint Operating Contract, Oper- 2005 (Statute Book of 2005 No. 81, Supplement to ating Body, Minister, Contractor, Open Area, and Min- Statute Book No. 4530); istry were as set forth in Government Regulation No. 35/2004 on Oil and Gas Upstream Business Activities 4. Government Regulation No. 42/2002 on Operating as already amended by Government Regulation No. Body for Oil and Gas Upstream Business Activities 34/2005. (Statute Book of 2002 No. 81, Supplement to Statute Book No. 4216); 2. Data is all facts, directives, indicators, and informa- tion, whether in writing (characters), numbers (dig- 5. Government Regulation No. 45/2003 on Tariff of Non- its), pictures (analogs), magnetic media, documents, Taxable State Revenues Effective Within the Ministry stone samples, fluids, and other forms acquired from of Energy and Mineral Resources (Statute Book of 2003 General Survey, Exploration, and Exploitation of Oil No. 97, Supplement to Statute Book No. 4314); and Gas. 6. Presidential Decree No. 187/M/2004 dated October 3. Director General is the Director General of Oil and 20, 2004 as already amended several times and lat- Gas. Business News 7391 °7392/26°7-2006 4. Directorate ..... 13A 4. Directorate General is the Directorate General of Oil Article 5 and Gas. (1) Basic Data, Processed Data, and Interpretation Data, as meant in Article 4, shall be kept confidential for a 5. Centre of Energy and Mineral Resource Data and In- certain time. formation, which is hereinafter called Centre of ESDM Data and Information, is a work unit in charge of admi- (2) The term of confidentiality of the Data, as meant in nistration of data and information acquired from gen- paragraph (1), is as follows: eral survey, exploration, and exploitation of oil and gas. a. Four (4) years for Basic Data; b. Six (6) years for Processed Data;

Article 2 c. Eight (8) years for Interpretation Data. (l)Data acquired from general survey, exploration, and exploitation of oil and gas were owned by the state (3) In case that an Operational Area is returned to the and were under government's control. Government, all Data on the ·operational Area con- cerned shall no longer be classified as confidential. (2)The data acquired from the general survey, explora- tion, and exploitation of oil and gas, as meant in para-

Article 6 graph (1), must be delivered to the Centre of ESDM Data, by status, is classified into: Data and Information. a. Closed Data, is Data acquired from Exploration and Exploitation, which were kept confidential and

Article 3 unrevealed to public; Administration and use of Data is to support the b. Open Data is Data acquired from: stipulation of Operational Area, formulation of technical 1. General Survey; policies, operation of government administrative affairs, 2. Exploration and Exploitation that exceeded the term and monitoring of exploration and exploitation activities, of confidentiality, as meant in Article s. performance of exploration and exploitation, socializa- tion of Data to users, and exchange of Data.

Article 7 Closed Data and Open Data, as meant in Article CHAPTER II 6, managed by Contractor or at Contractor's request, may CLASSIFICATION OF DATA AND CONFIDENTIALITY be disclosed to other parties within a certain time after

Article 4 securing an approval of the Director General. (l)Based on confidentiality, Data is classified into: a. General Data is data on identification and geo- CHAPTER III graphic location of oil and gas potentiality, reserve,. ADMINISTRATION OF DATA and wells;

Article 8 b. ~asic Data is description or outline of results of recording of geological, geophysical, geochemical Administration of data, as meant in Article 3, in- examinations, and drilling and production activi- cluded acquisition, administration, processing, arrange- ties; ment, storing, maintenance, and destruction. c. Processed Data is data acquired from result of analysis and evaluation into Basic Data; Article 9 d. ~nterpretation Data is data acquired from result of ( 1) In the framework of administration of Data, as meant interpretation of Basic Data and/or Processed Data. in Article 8, the Centre of ESDM Data and Information shall perform administration, processing, arrangement, (2)Types of General Data, Basic Data, Processed Data, storing, and maintenance of Data acquired from Gen- and Interpretation Data, as meant in paragraph (1), eral Survey, Exploration, and Exploitation and classi- were as specified in Attachment I to this regulation. fied as Open Data and Closed Data. Business News 7391-7392/26-7-2006 (2)In ..... 14A (2)In the administration of Data, as meant in paragraph must deliver all Data acquired to the Centre of ESDM (1), the Centre of ESDM Data and Information may Data and Information after expiration of the Joint Op- coordinate with other parties. erating Contract for Storage, Maintenance, and So- cialization of Data.

Article 10 (l)Contractor may perform administration of Data ac- (2) The Director General shall perform evaluation into all quired from Exploration and Exploitation in his Op- Data acquired by the Business Enterprise, as meant erational Area, as meant in Article 8, except Destruc- in paragraph (1), before it is delivered to the Centre tion of Data. of ESDM Data and Information. (2)In case that Contractor did not self-administer Data, (3) The delivery of Data, as meant in paragraph (1), shall he must appoint the Centre of ESDM Data and Infor- be written in a Report signed by the Business Enter- mation to perforni administration of Data. prise, the Directorate General, and the Centre of ESDM pata and Information.

Article 11 (l)Contractor may acquire Data on the Open Area adja-

Article 16 cent to his Operational Area after securing a license (l)The Contractor, via the Operating Body, must deliver from the Director General. the Data acquired from Exploration and Exploitation to the Centre of ESDM Data and Information within (2)The acquisition of Data, as meant in paragraph (1), not later than three (3) months since expiration of may be performed if there were technical reasons to the acquisition, processing, and interpretation of support operations on his Operational Area. Data.

Article 12 (2) If the Joint Operating Contract expires, the Contrac- Arrangement of Data must be performed in ac- tor must deliver all the Data acquired from Explora- cordance with the standards specified in Attachment II tion and Exploitation to the Centre of ESDM Data and to this regulation. Information via the Operating Body.

Article 13 (3) Data delivered by the Contractor, as meant in para- (l)Storing of Data shall be performed according to the graphs (1) and (2), shall be received and adminis- format and storage media as specified in Attachment tered by the Centre of ESDM Data and Information III to this regulation. after being evaluated by the Director General. (2) Data Storing, as meant in paragraph (1), must be in compliance with the rules as specified in Attachment ( 4) The delivery of Data, as meant in paragraph (3), shall IV to this regulation. be written on a Report signed by the Contractor, the Operating Body, the Directorate General, and the

Article 14 Centre of ESDM Data and Information. Administration of Data, as meant in Articles 8 and 9, must be conducted based on good technical prin- Article 17 ciples. In the framework of expediting the delivery of Data, as meant in Articles 15 and 16, the Director Gen- CHAPTER IV eral shall establish a Team for Delivery of Data with mem- DELIVERY OF DATA bers consisting of the Directorate General, Secretariat

Article 15 General of the Ministry, the Operating Agency, and the (1) Business Enterprise that conducted a General Survey Centre of ESDM Data and Information. Business News 7391-7392/26-7-2006 Article ..... 15A

Article 18 has been signed, the Data, as meant in paragraph (1) Contractor, whose joint operating contract has expired, (1), must be delivered to the Centre of ESDM Data as meant in Article 16 paragraph (2), may file a re- and Information. quest for license to the Minister for storing and using copies of Data of his ex Operational Area. CHAPTER VI USE OF DATA (2) The Minister, at the proposal of the Director General, Article 24 may not disapprove or may approve the request, as (1) In the framework of performance of its duties and meant in paragraph (1). responsibilities, the Directorate General may use the Data administered by the Centre of E5DM Data and

Article 19 Information. The Delivery of Data, as meant in Articles 15 and (2) The Data to be used, as meant in paragraph (1), must 16, shall be conducted using the format and the media, be provided by the Centre of ESDM Data and Infor- as specified in Attachment I to this regulation. mation for free.

Article 20

Article 25 Business Enterprise that conducted a General (l)Contractor may use Data acquired from Exploration :Survey, and the Contractor must pay all costs of delivery and Exploitation for the purpose of operations on his of Data, as meant in Articles 15 and 16. Operational Area.

Article 21 (2) Use of the Data, as meant in paragraph (1), for scien- All costs expended by the Contractor in the frame- tific purposes and for other purposes other than for work of delivery and storage of Data, as meant in Article operations on his Operational Area by the Contractor 16, may be treated as cost of operation on his opera- or other parties must secure a license of the Director tional area based on approval of the Operating Agency. General.

Article 22 (3)The Contractor may exchange the Data, as meant in All costs of administration of Data acquired from paragraph (1), with the one of another Contractor on General Survey, which joint operating contract has ex- ~n adjacent Operational Area, after securing an ap- pired, and administration of Data of Exploration and Ex- proval of the Director General. ploitation, which Operational Area has changed to an Open Area, shall be charged to the Centre of ESDM Data and Article 26 Information. The Centre of ESDM Data and Information shall perform services and uses of Open Data that it adminis- CHAPTER V tered to the users. DATA ACQUIRED FROM COLLECTIVE STUDY

Article 23 CHAPTER VII (1) New Data acquired by Business Enterprise or Perma- REJUVENATION AND DESTRUCTION OF DATA nent Establishment from a collective study in the Article 27 framework of Direct Offer on an Open Area, is confi- In the framework of maintenance of quality and dential and may be administered and used by the usage and added value of Data, the Centre of ESDM Data concerned Business Enterprise or Permanent Estab- and Information must rejuvenate and or transfer the Data lishment until the signing of Joint Operating Contract to other media. on the Operational Area.

Article 28 (2)After the Joint Operating Contract on the above Area Data, which is damaged and did not have any value ..... Business News 7391-7392/26-7-2006 16A value, may be destructed in accordance with the follow- Article 33 ing methods: With this regulation coming into force: a. The Centre of ESDM Data and Information proposes a. All contracts or agreements signed by the Director Data to be destroyed to the Director General; General or Head of Energy and Mineral Resource Re- search and Development Board with other parties con- b. The Minister establishes a Committee for Evaluation cerning administration of Data prior to the stipulation of Data as proposed by the Director General, to per- of this regulation shall be valid until expiration of the form destruction of Data; contracts or agreements, and all rights, obligations, and consequences of the contracts or agreements c. Data is totally destructed so that its content or form executed by the Director General or Head of Energy will no longer be identified; and Mineral Resource Research and Development Board shall transfer to Head of the Centre of ESDM d. Destruction of Data must be witnessed by officers of Data and Information; the Directorate General, the Ministry's Secretariat Gen- eral, the Centre of ESDM Data and Information, arid b. All contracts or agreements signed by Contractor with other relevant institutions. And, a Report of Destruc- other parties concerning administration of Data prior tion of Data shall be made. to the stipulation of this regulation shall be valid until expiration of the contracts or agreements;

Article 29 Copies of data, which were no longer used, must c. The Centre of ESDM Data and Information may ac- be destroyed in accordance with the methods, as meant cess all Data available with the other parties, as meant in Article 28. in paragraph b.

Article 30 CHAPTER XI Destruction of Data, as meant in Articles 28 and CLOSING PROVISIONS 29, shall be performed in accordance with the applicable

Article 34 laws. When this regulation comes into force, Decree of the Minister of Energy and Mineral Resources No. CHAPTER VIII 1636.K/13/MEM/2002 concerning administration of Oil and DEVELOPMENT AND MONITORING Gas Data is invalidated and is declared invalid.

Article 31 The Director General shall conduct development

Article 35 and monitoring over administration and use of Data. This regulation is valid since the date it is stipu- lated. CHAPTER IX PENAL PROCEDURE

Article 32 Stipulated in Jakarta A person who sends or delivers or transfers data On May 8, 2006 without being entitled to do it, in any form, will be im- THE MINISTER OF ENERGY AND MINERAL RESOURCES posed with penalty or monetary charge, as meant in Ar- Sgd ticle 51 paragraph (2) of Law No. 22/2001 on Oil and Gas PURNOMO YUSGIANTORO as already amended by Decision of Constitutional Court No. 002/PUU-I/2003 dated December 21, 2004. Editor Note : - Attachments are not available. CHAPTERX TRANSITORY PROVISIONS -===( E )===- Business News 7391-7392/26-7-2006