Events
Name | organizer | Where |
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MBCC “Doing Business with Mongolia seminar and Christmas Receptiom” Dec 10. 2024 London UK | MBCCI | London UK Goodman LLC |
NEWS
Bilguun: Minerals royalty may burden entities www.zgm.mn
CEO of BIMG, Bilguun Ankhbayar sat down with the Official Gazette. He believes that the amendments to the Constitution of Mongolia may carry positive change in the economy and the mining sector.
-Parliament recently approved amendments to the Constitution. It enacted Article that stated, “Natural resource is the state and public property.” How will it affect the mining sector?
-I expect positive results from it. As previously stated in the Constitution, natural resources belonged to the state, and now it shall be the wealth of the public as well. I assume there is no negative consequence in it. The key changes in the Constitution have been made to stabilize the investment climate. I believe eliminating overlap of legislative and executive branches is relatively good for solid governance since foreign investors will come to a wellgoverned country. Thus, four members of the Cabinet are allowed to join the Parliament. It is hoped that those who are familiar with the sector will work in the government.
-Change in Minerals Royalty fee is currently in discussion. What is your view on it?
-Well, the case proves that the mining sector is not working properly. Companies pay a portion of their gains from using natural resources for Minerals fee. There is no need to address this issue of whether to pay a royalty or not. Mining companies agree to pay this fee. However, there is a disagreement over whether payments are high or low. Parliament should conclude and make the environment to pay royalty as soon as possible.
-According to the National Statistics Office, Mongolia’s GDP has increased by 6.3 percent in the third quarter. What do you think the main driver of it?
-In 2018, the GDP increase of Mongolia was 7.2 percent. But it decreased by 0.9 percentage point, to 6.3 percent in 2019. There are several factors that may have triggered it to decline. Firstly, export revenue has dropped, especially, prices of copper and coking coal have fallen due to the trade war. Secondly, FDI has declined respectively since the beginning of 2019. Finally, the inflation rate has reached 7.6 percent in the third quarter, but the Bank of Mongolia has set the target level at 8 percent. In other words, it shows the country’s lack of fulfillment on its inflation plan.
Mongolia pours fresh doubt on Rio Tinto agreement www.afr.com
Rio Tinto is confident the legal agreement to expand Mongolia's Oyu Tolgoi copper and gold mine remains in force, despite indications a court in the Asian nation has ruled it to be invalid.
The legal significance of this week's decision by Mongolia's Administrative Court was not entirely clear on Wednesday, but the decision highlights the discontent that exists in Mongolia over the 2015 expansion agreement, which was struck by Rio chief executive Jean-Sebastien Jacques and former Mongolian Prime Minister Chimediin Saikhanbileg in a Dubai hotel.
That agreement, which kick-started an underground expansion that will cost more than $US6 billion ($8.8 billion), is now the prime source of tension between Rio and the Mongolian government, which is controlled by political opponents of Mr Saikhanbileg.
Mr Saikhanbileg was temporarily put in jail by political opponents in 2018 over allegations he misused his power in the striking of the 2015 Dubai agreement, with some opponents believing he acted unilaterally and without the appropriate level of respect for parliamentary process in the young democracy.
This week's court hearing appeared to hint at similar themes; reports suggest the court upheld claims by a non-government organisation that due process was not followed in the striking of the 2015 underground agreement.
''Rio Tinto strongly refutes any suggestion that the (expansion agreement) or any of the foundational (Oyu Tolgoi) agreements are illegal,'' said Rio in a statement.
Rio gets exposure to Oyu Tolgoi through its 50.79 per cent stake in Canada's Turquoise Hill Resources, and the Canadian company published an almost identical statement on Wednesday.
The court ruling just adds to the many aspects of sovereign risk that surround the project.
Canaccord analyst Dalton Baretto visited Mongolia in September and came away with increased concerns about the impact sovereign risk could have on lenders to the mine.
Rio and Turquoise Hill have started talks with lenders to cover billion dollar cost blow outs on the Oyu Tolgoi expansion, and Mr Baretto believes lenders are unlikely to be able to get the certainty they need before Mongolians vote at elections in the middle of 2020.
''We are very concerned that the debt component of the funding package
will not be in place in time to prevent a slowdown on construction. The lenders have indicated that one of their primary requirements is certainty around any changes to the 2009 and 2015 investment agreements, the negotiations of which could drag on for some time given a pending election,'' he said in a note published in September.
''Additional project financing will require the approval of the government of Mongolia, who could potentially use this as leverage to bolster their negotiating position.''
Rio Tinto’s Giant Mongolia Project Dealt Another Blow www.bloomberg.com
(Bloomberg) -- Rio Tinto Group has another headache to deal with in Mongolia, as the government looks set to lose a legal challenge to its agreement with the world’s second-biggest miner.
Rio is building a giant underground copper mine, known as Oyu Tolgoi, in the country. Yet the project has been beset by delays, legal probes, cost overruns and government pressure.
Rio said Tuesday that early reports suggest an administrative court has upheld claims by the Darkhan Mongol Nogoon Negdel non-governmental organization that Mongolia didn’t follow due process on the agreement that underpins its development of the asset.
The group, which promotes ecological balance and economic independence, had disputed the Dubai agreement signed in 2015, as well as the authority of Mongolian government officials involved in the negotiations.
It’s not yet clear what the implications will be. But with the court’s formal written ruling expected to be released in the coming weeks, it adds a fresh element of uncertainty to an already difficult project.
“The Dubai agreement is not annulled by the court decision. However, this decision raises questions about due authorization and capacity of those who signed the Dubai agreement,” said lawyer Solongoo Bayarsaikhan, a managing partner of Avinex Partners LLP in the capital, Ulaanbaatar, who is not involved in the case. “We need to see the actual court decision.”
Earlier this year, Rio warned that its flagship growth project could cost as much as $1.9 billion more than forecast and faces potential delays to full production of as long as two and a half years. The expansion of the mine has run into difficulties after potential stability risks were identified within the planned underground operation, and it could now cost as much as $7.2 billion.
The overruns will mean Mongolia must wait longer before profits start flowing from the mine to the government.
On top of the actual problems building the project, there have been numerous controversies in the country. A parliamentary working group recommended in April that Mongolia review the 2009 deal that launched construction and revoke a 2015 agreement allowing for an underground expansion to tap into most of its mineral wealth. The mine has also been at the center of tax disputes and a probe into allegations of corruption.
Rio said that it “strongly refutes” any suggestion that its agreement is illegal.
To contact the reporters on this story: Thomas Biesheuvel in London at tbiesheuvel@bloomberg.net;Terrence Edwards in Ulaanbaatar at tedwards100@bloomberg.net
To contact the editors responsible for this story: Lynn Thomasson at lthomasson@bloomberg.net, Liezel Hill, Dylan Griffiths
On China’s doorstep: Elixir Energy drilling for Mongolian gas www.news.mn
Drilling is underway at Elixir Energy Limited’s (ASX:EXR) 100% owned Nomgon IX coalbed methane (CBM) production sharing contract (PSC).
Located in the South Gobi Desert in Mongolia, immediately next to the Chinese border, Elixir’s Nomgon IX CBM PSC covers an area of around 30,000km2 (over 7 million acres). This is a region that is exceptional in its combination of massive potential gas resources, minimal competing land uses, and a location right in the heart of Asia. Elixir’s PSC is exceptionally well placed to supply China, being just 410 kilometres from China’s East-West Pipeline.
China is experiencing a rapid rise in gas demand driven by air quality concerns in its major cities and legislative changes resulting in a large scale switch from coal to gas, along with an increase in renewable energy. Yet China is unable to produce enough gas, forcing it to import to meet domestic demand. This shortfall is being met by pipeline imports from Central Asia and Myanmar, as well as more pricey LNG imports along the coast.
The PSC has a “giant prospective gas resource” with an unrisked best case recoverable prospective resource of 40.1 Tcf, and a risked best case resource of 7.6 Tcf.
The current drilling program will see Elixir drill two fully tested core-holes and it has the option for a third. (source: https://www.sharecafe.com.au)
Government to provide support for building meat and food storage facilities www.montsame.mn
Ulaanbaatar /MONTSAME/. An irregular meeting of the Cabinet today discussed draft decree on ‘Instructing the government’ initiated by President of Mongolia with a view to ensure safety of meat and food products and decided to convey some proposals to the draft.
In particular, some changes are proposed including improving legal environment for trade of food raw materials of plant origin as well as wholesale and retail sales and issuing low interest loans for term of more than five years for building storage for food and meat products.
The cabinet also made proposals to provide support in building storage with capacity of 500-1000 tons in rural areas and giving government support for establishing storage facilities and sales centers with nonstop operations financed by private-sector capital.
Impact of the FATF grey listing on FDI into Mongolia www.melvilledalai.com
In October 2019, the Financial Action Task Force (“FATF”) included Mongolia into its watchlist (the so called “Grey List”). From the outset, this could increase the concerns of investors around economic stability, smooth
international transactions, and free flows of currency. If the Grey List status lasts for a significant length of time, this could develop into more serious problems, but we believe this status should be corrected within a
short-term period and do not expect that it will have a material medium or long-term impact on FDI.
POTENTIAL SHORT-TERM RISKS
Some short-term risks associated with the Grey Listing could include the following:
• Correspondent banks processing US dollar transactions with Mongolian commercial banks already face a significant regulatory burden and comparatively low transaction volumes. Enhanced oversight required as a consequence of the Grey Listing, could stretch existing relationships and impact on US
dollar transactions
• Mongolian commercial banks may limit transactions in US dollars as the MNT/USD exchange rate is put under increased pressure
• If Mongolia is not able to reverse the Grey Listing in the short-term, there is a risk of increased reliance on its neighbors, China and Russia, due to a greater perceived risk for US, European, Australian, and Asian investors may be enhanced
Regardless of the current Grey Listing, since the foreign investment boom into Mongolia between 2010-2012
(when ironically Mongolia was also on the Grey List), there have been numerous other issues and obstacles to attracting FDI. This is dependent upon various external and internal factors, but we believe Mongolia still has good potential to attract FDI. Some of the main points underpinning this are set out below.
1. STRATEGIC LOCATION AND DEMOCRACY IN THE REGION
Mongolia is regarded as the only democratic country located in North and Central Asia, sandwiched between China and Russia, two important players in the world economy and geopolitics. With an area of more than 1.5 million square kilometers and a population of about 3.2 million, Mongolia has recently topped lists as one of the world’s fastest growing economies, holding a massive wealth of mineral resources.
2. COMPARATIVELY LIBERAL LEGAL SYSTEM
Mongolia is considered as a Civil Law, and not a common law country. The Mongolian legal system, established by the 1992 Constitution, is a civil law system primarily based on the continental or Romano-Germanic tradition, where judicial decisions do not incorporate any binding rules into the body of law in the same way as judicial precedents in common law. The Civil Code of Mongolia itself is ostensibly modelled on the major continental European codifications, in particular the German Civil Code.
However, in practice, the sources of the Mongolian legal system are far more complex and diversified than is often described by academics. The reason for this is that several multilateral and development agencies, technical assistance programs and foreign advisors and academics from various countries have been involved in the drafting of new legislation. As a result, many business-related laws are somewhat similar to common business legislation used in western countries.
Furthermore, the Civil Code also sets out an important characteristic of the Mongolian legal system - the principle that commercial acts are lawful so long as they do not conflict with existing laws. In other words, Mongolia has adopted a principle similar to the common law notion of "that which is not prohibited is permitted."
3. INVESTMENT PROTECTION
Replacing the 1993 Law on Foreign Investment, and the controversial 2012 Law on the Regulation of Foreign Investment in Business Entities Operating in Sectors of Strategic Importance, the Parliament passed a new Investment Law in 2013. The Investment Law eased the regulatory approval requirements and streamlined the registration process for foreign direct investment. Further, it sets out certain legal guarantees and incentives so as to promote investment activity in Mongolia.
Some of the key features of the Investment Law are:
(a) It applies to both foreign and domestic direct investment;
(b) No approval requirements are imposed on foreign private investment;
(c) It provides legal guarantees to protect investment in Mongolia and sets out tax and non-tax incentives so as to promote investment in Mongolia;
(d) It offers tax stabilisation incentives in the form of tax stabilisation certificates and investment agreements; and
(e) Foreign invested business entities incorporated in Mongolia are eligilible to acquire most types of licenses.
More importantly, any illegal expropriation is prohibited and protection against expropriation is ensured in compliance with international standards and criteria of lawful expropriation. It is prohibited to expropriate investors’ property unlawfully. Further, subject to any Bilateral Investment Treaties,
investors’ property may be only expropriated if:
(a) the purpose of expropriation is solely for the public interest; and
(b) full compensation at market price is provided.
In addition, Mongolia is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the "New York Convention") and it is possible to enforce foreign commercial arbitral awards in Mongolia. Domestically, the Law on Arbitration ("Arbitration Law"), enacted on 26
January 2017, the Law on Civil Procedure, enacted on 10 January 2002 and the Law on Enforcement of Court Decisions, enacted on 10 January 2002 govern the procedure for the recognition and enforcement of foreign arbitral awards in Mongolia. Further, foreign investment is broadly protected by numerous instruments, such as international treaties, under which the Mongolian government has been brought to international arbitration by foreign entities, and arbitral awards have been enforced in Mongolia.
4. LOW CORPORATE INCOME TAX
Mongolia recently revised the Law on Business Entities Income Tax in March 2019. The revised law will be effective from 1 January 2020 and provides better incentives to business entities due to a decrease in income tax rates. For example, the 10% income tax rate threshold for business entities up to 3 billion MNT will be doubled to 6 billion MNT, and the 25% income tax rate will now apply to business entities with income above 6 billion MNT. Tax on business entities with income up to 300 million MNT will now be 1%. Further, the Revised Law promotes foreign investment by means of various provisions to secure stabilized tax.
5. SHAREHOLDER RIGHTS AND LIBERAL COMPANY LAW
The enactment of the revised Law on Company ("Company Law") in 2011 was an important step towards the government's aim of bringing Mongolian corporate governance standards closer to those found in more developed jurisdictions. The Law on Company secures fundamental shareholder rights and privileges. This includes typical pre-emptive rights, voting rights and the right to bring a derivative
suit against the governing persons of a company in the event of loss. Furthermore, a company’s charter or shareholder agreement can increase the standard thresholds for various approval requirements, and add other typical shareholder rights such as tag-along and drag-along rights.
6. OTHER POINTS
These fundamental points are all important factors to attract long term investment. Just to add several other advantages, the following can also be pointed out:
(a) there are no legal currency controls for international transactions;
(b) no residence and no-citizenship requirement for board directors and/or key managers of a Mongolian-invested company;
(c) all “Big 5” audit companies have a presence in Mongolia, and financial and tax reporting has been simplified in recent years; and
(d) foreign-invested companies can apply for all business licenses to legally the same extent as national companies.
7. CONCLUSION
To conclude, although Mongolia appears to have lost attraction for foreign investors in recent years, we consider that the basic fundamentals and system are in place to attract long term FDI into Mongolia.
In order to encourage FDI investment into the country, policy makers need to focus on some of the practical legal issues which impact all businesses. For example, in practice, there is still inconsistent enforcement of Mongolian regulations and laws. Some laws create disparities in understanding and
result in patchy and inconsistent enforcement. This sometimes gives government officials discretion to impose requirements that are not stipulated in the law, which can encourage corruption and malpractice at an administrative level. Likewise, the court system remains erratic and unpredictable,
which, in turn, damages the legal and business environment for FDI.
Air quality of Mongolia's capital improves in Oct. www.xinhuanet.com
Nov. 19 (Xinhua) -- The air quality in the Mongolian capital of Ulan Bator has improved, the country's National Statistics Office said Tuesday.
The average density of PM2.5 in Ulan Bator stayed at 90 micrograms per cubic meter of air in October, down 18.8 percent year on year, the agency said in a statement.
In addition, the average density of PM10 in the capital city dropped to around 90 micrograms per cubic meter of air last month, a year-on-year decrease of 7.4 percent, it said.
The reductions of air pollutants in Ulan Bator are largely due to a government ban on domestic use of raw coal which came into force on May 15, according to experts of the agency.
Since then, households in the city have been supplied with processed fuel instead of raw coal.
Air pollution has been one of the most pressing issues for many years in Ulan Bator, which is home to over half of Mongolia's population.
Speaker requests President to endorse the Constitutional amendment www.montsame.mn
Ulaanbaatar/MONTSAME/. On November 18, President Kh.Battulga was yesterday introduced the Constitutional amendments approved by the parliament last week and requested to endorse this original copy.
16.1st of the law on regulations to amend the Constitution of Mongolia reads, “The Speaker of Parliament shall personally carry and introduce the Constitutional amendment to the President within two working days since its approval.”
Accordingly, yesterday the Parliament Speaker G.Zandanshatar introduced the Constitutional amendment. The Speaker said, “I am presenting to You, Head of State of Mongolia, the Constitutional amendment adopted by the Parliament with 100 percent votes of 64 MPs who were present at the plenary meeting dated November 14.”
“28.5 percent of the Constitution or 36 provisions of 19 articles out of its 70 articles have been amended. Within the fundamental principles to ensure balance and control of governance, improve government stability and parliament’s responsibility and strengthen local autonomy, the changes corrected six out of seven amendments made to the Constitution in 2000 and reflected the principle that natural resources shall be under the power of the people and the most of the benefits shall be given to the people,” said the Speaker.
Following the introduction, Speaker G.Zandanshatar requested President Kh.Battulga to endorse the original copy of the amendment made to the Constitution of Mongolia.
Forum on Responsible Artisanal and Small-scale Mining takes place www.montsame.mn
Ulaanbaatar /MONTSAME/ The Forum on Responsible Artisanal and Small-scale Mining was held today in connection with the completion of the Sustainable Artisanal Mining project. At the forum, over 250 representatives of corresponding ministries, international organizations, local authorities, and miners discussed the results of the 14-year project and policies and decisions being adopted in the field.
The Sustainable Artisanal Mining project is one of the many coherent agricultural, food security, primary education-vocational training, and governance improvement projects that the Government of Switzerland is implementing in Mongolia through the Swiss Agency for Development and Cooperation (SDC). It has been carried out from 2005 to 2019 in four phases, laying the foundation for organizing artisanal and small-scale miners into cooperatives and providing them with guaranteed jobs.
Compared to 2013, the number of artisanal and small-scale miners has doubled this year with around 10,000 miners working in 1181 cooperatives. The average annual income of those miners also grew by 55 percent in 2015 and by 16 percent in 2016, resulting in a drastic decrease in the number of accidents caused by illegal mining. In addition, numerous positive changes have been made. For instance, miners with their own funds rehabilitated a total of 526 ha of land, a 20 fold increase compared to 2013, and mercury free ore concentration technology was introduced in Gobi-Altai, Bayankhongor, Selenge, Tuv, Umnugobi, and other aimags.
“Artisanal and small-scale mining concerns not only the Ministry of Mining and Heavy Industry, but many social sectors. Thus, every sector has to develop further the good practices introduced into the field. Thanks to the project, mercury-free gold processing technology was introduced, artisanal and small-scale miners were organized into cooperatives, and small-scale rehabilitation has become possible. It also appears that the miners’ competitiveness is increasing as they started investing in other areas while making contributions to the local development and economy,” said project coordinator N.Erdenesaikhan.
Governor of Bayankhongor aimag G.Bayanjargal stressed the necessity of paying considerable attention to developing artisanal mining properly and that land issues should come first of all.
Head of the Shijir cooperative of Selenge aimag D.Tuya said, “Our cooperative has 15 members. Our transition to a cooperative with the purpose of ensuring occupational safety and improving our livelihoods is giving its benefits. In 2014, we conducted both technical and biological rehabilitation in one ha of land. Besides artisanal mining, we are running Euro fencing production business, diversifying our income source.”
Mongolia warns against traveling to cholera-affected countries www.xinhuanet.com
Mongolian Health Ministry on Monday warned its citizens not to travel to countries affected by cholera outbreaks.
"A 20-member delegation of Mongolia attended the United Nations' International Conference on Population and Development in the Kenyan capital Nairobi last week. One of the representatives has tested positive for cholera," the ministry said in a warning statement, urging citizens not to go to cholera-affected countries.
The person infected with cholera is admitted in a hospital in Kenya, said the ministry.
Cholera is an infectious disease that causes severe diarrhea, which can lead to dehydration and even death if untreated, according to the World Health Organization.
It takes between 12 hours and 5 days for both children and adults to show symptoms after consuming contaminated food or water.
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