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Asean Affairs   7 November  2014

US-ASEAN Business Council Statement on Indonesia Supreme Court Bioremediation Verdict

The US-ASEAN Business Council expressed concern today over the Supreme Court verdict regarding PT Chevron Pacific Indonesia (PT CPI) employee, Bachtiar Abdul Fatah, in relation to his role in the Sumatra bioremediation project. The Court denied an appeal and sentenced the defendant to four years in prison and a IDR 200 million fine.
“The Supreme Court decision on the bioremediation case continues a series of unsettling court decisions that do not seem to demonstrate uniform application of rule of law,” said Alexander Feldman, President and CEO of the US-ASEAN Business Council.
“The bioremediation case verdict increases concerns over the investment climate in Indonesia, particularly given that there were clear dispute resolution procedures provided under the production sharing contract in this case,” said Feldman. “Contract sanctity is crucial for business investment, particularly sectors like energy which involve long term commitments and large capital investments. If foreign businesses continue to have concerns about criminal charges being leveled against their employees instead of using clearly outlined dispute resolution mechanism or other civil processes, concerns about investing in Indonesia will grow beyond just those companies directly involved in the cases. Foreign Direct Investment is a critical element if Indonesia is going to reach its target of 7% economic growth per year.”
“Other observers have also raised questions over whether it was proper for this case to be treated as a criminal matter,” continued Feldman. “We respectfully suggest that the binding civil dispute mechanisms under the terms of the Production Sharing Contract (PSC) be applied to resolve this dispute, and that future disputes of this nature should follow the terms outlined in the applicable contracts or civil laws.”


For 30 years, the US-ASEAN Business Council has been the premier advocacy organization for US corporations operating within the dynamic Association of Southeast Asian Nations (ASEAN). Worldwide, Council Members generate over $6 trillion in revenue and employ more than 13 million people. Members include the largest US companies conducting business in ASEAN, and range from newcomers to the region to companies that have been working in Southeast Asia for over 100 years. The Council has offices in: Washington, DC; New York, NY; Bangkok, Thailand; Hanoi, Vietnam; Jakarta, Indonesia; Kuala Lumpur, Malaysia; Manila, Philippines; and Singapore.

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This year in Thailand-what next?

AseanAffairs   04 January 2011
By David Swartzentruber      

It is commonplace in journalism to write two types of articles at the transition point between the year that has passed and the New Year. As this writer qualifies as an “old hand” in observing Thailand with a track record dating back 14 years, it is time take a shot at what may unfold in Thailand in 2011.

The first issue that can’t be answered is the health of Thailand’s beloved King Bhumibol, who is now 83 years old. He is the world's longest reigning monarch, but elaborate birthday celebrations in December failed to mask concern over his health. More


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