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Climate & Carbon
Environmental Law
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FCPF Carbon Fund Legal Opinion

Legal advisory on emission reduction title transfers in East Kalimantan

Client
Penabulu Foundation, KLH
Engagement
Policy & Regulatory Advisory
Period
September 1, 2025
-
September 30, 2025
Category
Climate & Carbon
Environmental Law

Legal advisory on emission reduction title transfers in East Kalimantan

ESA as the Emission Reduction Legal Reference and Framework Advisor Specialist supporting the preparation of a legal opinion on the authority of the Program Entity and the transfer of Emission Reduction (ER) Titles under the extended FCPF-CF ERPA in East Kalimantan.

What The Engagement Covered

  1. Legal analysis of the authority of the Ministry of Environment as the Program Entity to transfer ER rights to the Carbon Fund
  2. Assessment of the authority to transfer Additional ERs (Call Option) during the extended ERPA period
  3. Interpretation of relevant provisions under Presidential Regulation No. 98/2021, Ministerial Regulation No. 21/2022, and other relevant regulations
  4. Identification of legal gaps, regulatory conflicts, and uncertainties related to institutional mandates, carbon rights governance, and cross-border carbon trading
  5. Preparation of a comprehensive Legal Opinion supported by relevant legal and regulatory references

How We Contributed

ESA served as the Emission Reduction Legal Reference and Framework Advisor Specialist, providing independent legal analysis and recommendations on the legal basis for ER title transfer under the FCPF-CF ERPA.

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What The Engagement Achieved

Supported the implementation of the FCPF Carbon Fund by providing legal clarity on institutional authority, carbon rights, and the legal framework governing the transfer of Emission Reductions under the extended ERPA.

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