Presentation on theme: "Dominican Republic. Mining Property All mineral substances belong to Dominican State. Exploration rights are granted through concessions or contracts."— Presentation transcript:
Mining Property All mineral substances belong to Dominican State. Exploration rights are granted through concessions or contracts by Dominican Government Mining concession rights is distinct from the surface land right. Mining concessions grant exclusive rights of exploration, extraction and processing over the mine area
Mining Rights Recognizes the priority for the first to request the area. Exploration concession is for 3 years and might be extended up to 10 years. Extraction concessions rights are for 75 years Its required by the Law of Environment an environmental license to operate an exploration or extraction mining concession.
Tax Regime Mining Law 29% net income tax (IRS). 5% of net income,tax for communities. 10% importation tax. 18% tax for local purchases. Special Contracts Special tax regimes apply for mine properties belonging to Dominican State: 50% sharing on net earnings as tax. No other tax apply Applies to contracts of Gold (Barrick Gold and Panterra Gold) and Nickel (Glencore Xstrata)
Tax Regime Under Mining Law All mining operation should pay 28% of their net income each year, as income tax. Additionally should pay 5% of their net income to municipalities where the mine is located, according to Environmental Law. In case of no earnings operation, companies should pay at least a tax rate of 5% FOB value of any exported ore or metal product.
Ministry of Energy and Mines A new Ministry of Energy and Mines (MEM) was created in 2013, to be launched in 2014 Responsible for State policy in mining, oil and gas, renewable energy, conventional power in the country. Responsible for monitoring, evaluation and control of policies and strategies for mining and energy. Its integrated by five viceministries of Energy and one viceministry of Mines.
Mining Office Receives and process request of concessions for mining exploration and extraction. Recommends to Minister of Energy and Mines to grant mining concessions. Manage Mining Cadastre. Supervise all concessions granted by Dominican Government. Has operational independence and budget supervision from Ministry of Energy and Mines
National Geological Service Conduct geological studies for government Investigate geological risks of the country. Develop geological maps. Indentify mineral resources. Provide geological basic information for mining Has operational independence
Affiliated Offices to Ministry of Energy and Mines Ministry of Energy and Mines Mining Office National Geological Service National Energy Commission Electricity Superintendence Electricity State Corporation
Barrick Gold Pueblo Viejo Project Contract Renegotiation Case
Barrick Gold Pueblo Viejo Mine Deposit of gold, silver, copper and zinc owned by Dominican State. Metallurgical plant owned by Barrick Gold and Gold Corp built with an investment of US$ 4.4 billion. Started in August Proven reserves of 25.3 Moz. of gold Moz. of silver and 591 Mlb. of copper. Potential reserves up to 38 Moz. of gold. The estimated annual production for the next five years is 1MMoz gold and 5 Moz. of silver. Pueblo Viejo mine is one of the largest gold deposits in Latin America.
Barrick Gold Original Contract Terms 3.20% Royalty as Gross Melting Return, to be paid since mine start up in Consequently 96.8% of all mine total cash flows would be handled by investors Accelerated depreciation of 40% Repayment by 2016 of all capital invested before share profits. 25% income tax (IRS), payable only after % net earnings participation (NEP), to be paid only only after 2019, when the project reach 10% investment return. This means that Dominican government would only receive RD$377 millions out of US$8 billions of gross income for period.
Barrick Gold Amendments to Contract Barrick Gold Amendments to Contract Elimination of internal rate of return of 10% a year as a prerequisite for payment Net Earnings Participation (NEP) Depreciation rate reduced from 40% to 15% Reduction from US$4.477 millions to US$ 3,795.5 millions as Barrick capital investment recognition Repayment of all capital invested in 2026 instead of Reduction of interest rate on loans from Barrick subsidiaries from Libor plus 9.9% to Libor plus 3%
Amendment to Contract Annual Minimun Tax (AMT) A new Annual Minimiun Tax (AMT) on gross sales was created to collect IRS and NEP taxes. This tax is collected on top of the 3.20% of gross sales as royalty A table was calculated starting at a gold price of US$800/oz where no minimum tax apply. Every US$50 gold price range increase, generates an AMT increase, starting at 1.35% from golf price of 800 to 850 dollars per ounce, which keep increasing up to 23.05% at a gold price in the range of US$1,600 to US$,1650 and ending at 32.55% for gold prices over US$3,000/oz.. This table will apply from
Amendment to Contract Annual Minimun Tax (AMT) A new AMT table of rates will be recalculated from a revised financial model of mine plan, every 3 years starting 2017, dividing the 90% of projected taxes of income tax (IRS) and Net Earnings Participation(NEP) by estimated gross sales of gold per year at every price range between US$800 and US$3,000 Barrick Gold can declare Force Majeure to not pay AMT tax, in the event of high price of fuel oil for 90 consecutive days divided by the price of gold is over to This tax regime secure an annual minimum income to Dominican government equivalent to the 90% of projected IRS and NEP taxes, no matters Barrick Gold declares no earnings in the period.
Re Negotiation Outcomes Government earnings to be received since 2012 mine start up. Increase government revenue from US$ 9,900 millions to US$11,615 millions at a gold price of US.$1,600/oz Increase government share on LOM profits from 37.1% to 51.3% Increase government revenue in the period from US$ millions to U.S. $ millions at gold price of $1,600,
Negotiation Outcomes The investor companies Barrick Gold and Gold Corp accepted this new terms, to garantee their operation of Pueblo Viejo Mine for at least 25 years of mine life. Both parties and all stakeholders, believe this new contract is fair enough to be very sustainable and stable in the long term