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COUNTRY RISK ASSESSMENT

Our work in this area is customized to the client's requirements. Typically, however, the client is seeking (a) an assessment of the country risk either for new mining ventures; a joint venture with an existing in country mining operation or a development project, or (c) general advice on a country entry strategy. Thus, our clients' interests range from investment in grass roots projects to acquiring existing operating properties.

As a general rule, we do this work in conjunction with a local consultant indigenous to the country who functions as one of our associates. Typically, at the outset of the work we obtain and review copies of the key regulations and laws, particularly the most recently enacted mining laws.

Frequently our clients wish us to comment on the following key mining specific risks:

1. Mining Law

Security of land tenure.
Right of conversion of exploration permit through to mining concession.
Royalties and other mining related taxes.
Tax holidays and other mining related taxes.
Regulations, bureaucracy (consistent, efficient, discretionary powers, transparency).
Legal norms and institutions for dealing with mineral related legal issues.
Tailings disposal regulations, sub sea tailings disposal.

2. Foreign Investment Laws And Regulations

Investment protection; risk of appropriation, nationalization.
Levels of required local participation, ownership in mineral projects.
Import duties on mining capital equipment.
Import duties on mining and mineral processing consumables.

3. Political

Mineral policy.
Level of support for the resource industry.

4. Social

Acceptance, support for mining and foreign ownership of resource extraction industry.
Major social issues and their likely impact on a foreign mining company.