1 / 36

Understanding Mining Laws in Developing Countries: Key Issues and Solutions

This document provides an overview of challenges and misconceptions in mining sectors of developing countries, emphasizing key local issues and legal considerations. It explores mining codes, regulatory bodies, licensing terms, security arrangements, land rights, and dispute resolution forums. The importance of legal advice and understanding local laws is highlighted to navigate complex mining landscapes.

trudy
Télécharger la présentation

Understanding Mining Laws in Developing Countries: Key Issues and Solutions

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Exploring in New Frontiers: Overview of Key Local Issues Yves Baratte, Partner Iain Duncan, Partner 31 October 2012

  2. Disclaimer • This document is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.

  3. Misconceptions about mining in developing countries / new frontiers • “The law does not matter there; the local governments do not apply their own laws” • “In these countries, natural resources are linked to national sovereignty and governmental relations are all that matters” • “In these countries, mining transactions are not as sophisticated as in developed countries”

  4. Challenges in developing countries / new frontiers • Governmental authorities sometimes do not know / do not apply their own Codes • … subject to more scrutiny • NGOs and international institutions • lenders • anti-corruption laws (e.g. the UK Bribery Act 2010) • More unstable • political contexts • unreliability of local courts • Lack of infrastructure

  5. Overview: mining codes in selected “frontier” countries • Key mining laws • Key regulatory bodies • Significant terms of exploration and mining licences • Mining conventions / investment agreements / stabilisation arrangements • Security over and transfer of licences • Land acquisition rights • Obligations to divest to the State and/or local investors • Domestic market obligations • Benchmark selling obligations • Import restrictions • Production royalties / taxes • Forum for settlement of disputes

  6. Key mining laws: Africa

  7. Key mining laws: Asia

  8. Key regulatory bodies: Africa

  9. Key regulatory bodies: Asia

  10. Significant terms of exploration and mining licences: Africa

  11. Significant terms of exploration and mining licences: Africa

  12. Significant terms of exploration and mining licences: Africa

  13. Significant terms of exploration and mining licences: Asia

  14. Mining conventions/investment agreements/stabilisation arrangements: Africa

  15. Mining conventions/investment agreements/stabilisation arrangements: Asia

  16. Security over and transfer of licences: Africa

  17. Security over and transfer of licences: Africa

  18. Security over and transfer of licences: Africa

  19. Security over and transfer of licences: Africa

  20. Security over and transfer of licences: Asia

  21. Land acquisition rights: Africa

  22. Land acquisition rights: Africa

  23. Land acquisition rights: Asia

  24. Obligations to divest to the State and / or local investors: Africa

  25. Obligations to divest to the State and / or local investors: Asia

  26. Domestic market obligations: Africa

  27. Domestic market obligations: Asia

  28. Import restrictions

  29. Production royalties / taxes: Africa

  30. Production royalties / taxes: Africa

  31. Production royalties / taxes: Asia

  32. Forum for settlement of disputes: Africa

  33. Forum for settlement of disputes: Asia

  34. Yves Baratte T +33 1 53 29 16 14 Yves.Baratte@simmons-simmons.com Iain Duncan T +44 207 825 31 37 Iain.Duncan@simmons-simmons.com simmons-simmons.com elexica.com

More Related