MPs Approve All Changes, OT Agreement In Two Weeks

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bcm-oyu-tolgoiThe special session of Parliament did what it was widely expected to do, and also did it faster at the end. Around 8 on Tuesday evening Parliament approved the last of the four amendments the Government had proposed to facilitate an agreement with the investors in the Oyu Tolgoi project, allowing a relieved and jubilant Rio Tinto CEO Tom Albanese to say in distant Canada, "This is an incredibly important milestone in bringing onstream one of the finest undeveloped copper-gold projects in the world.”

As shares in Vancouver-based Ivanhoe rose 24% in Toronto on receipt of the news, Rio and Ivanhoe both said they now expect to formally sign the agreement with the Government of Mongolia “in the near future”. The Mongolian Finance Minister has said the signing will take place within two weeks.

"The votes today by overwhelming majorities of the members present for the special session of Parliament represent a significant step in Mongolia's commitment to attract foreign investment in the development of the country's mineral resources," Ivanhoe president John Macken said. He was certainly right about the majority support for the amendments. After long months of acrimonious bickering and maddening uncertainty, the MPs approved changes to the law on water by a 90.9 percent majority, to the law on roads by 88.3 percent, and to the corporate income tax by 86.9 percent. The annulment of the windfall profits tax with effect from January 1, 2011 remained the most contentious to the end, but only statistically so, gaining 85 percent support.

Some of its opponents remained unconvinced to the end. Mr. N.Batbayar, one of the MPS who had initiated the tax that was passed in 2006, said after the vote, “The Mongolian Government has just gifted USD20 billion to foreign companies.” Many of the MPs who did favor the annulment shared his concern that the tax, which has brought MNT960 billion to the state budget, will be difficult to replace. The Government’s answer has been that times have changed, the tax has served its purpose, and continuing with it would scare away investment, killing the goose that laid the golden eggs.

The agreement gives the Government 34% shares in Ivanhoe Mines Mongolia, the company that will run the project. Other key terms include a stable and operational tax environment in relation to the development and operation of the project and certainty regarding the term of the investment.

Rio Tinto owns just under 10% of Ivanhoe at present, but an agreement the two companies signed in 2006 allows it to buy another 9.95% for USD388 million when the investment agreement is signed. Rio also gave Ivanhoe a USD350-million loan in 2007 so that project development could continue. Rio could increase its holding of Ivanhoe to approximately 46.5% if all its options are converted to shares.

Ivanhoe expects construction of the mine to take 30 months, but work will begin only after the agreement is approved and signed by the Government and both companies' boards. At the moment, production is targeted for as early as 2013, with a five-year ramp up to full output, Rio said on Tuesday.The Oyu Tolgoi project is located in the South Gobi region just north of the Chinese-Mongolian border, and is expected to produce 440,000 tons of copper and 320,000 ounces of gold annually, with a 45-year mine life.

Source: en.News.mn

Russia withholds loan as Mongolia "still has to repay the grand debt in full"

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000-bcm-headlinesThe long-promised USD300-million agriculture loan from Russia will not be available as Russia considers that Mongolia is yet to pay back around USD150 million of the “grand debt”. Mr. Ts.Sukhbaatar and Mr. D.Dorligjav from the Presidential Office were recently in Russia to finalize preparations for President D.Medvedev’s visit to Mongolia. When they suggested that a reference to the USD300 million agriculture loan on easy terms be included on the visiting President’s agenda, they were told by the Russian Presidential Office that this could not be done as under Russian law no commercial loan can be given to a country which already owes Russia money. The Mongolian side said their perception was that all outstanding Mongolian debt to Russia had been waived, but were told this was not so and “some debt remains”. According to the Russian position, Mongolia still has to pay USD150-160 million.

It appears when Prime Minister and later President Enkhbayar negotiated on the debt with the Russians in 2004, he was told Mongolia should put this money into the Mongolian-Russian joint venture Mongolrostsvetmet as part of its capital. Mr. Enkhbayar said a decision on the issue could be taken later. When he returned to Mongolia, however, Mr. Enkhbayar did not make any public revelation of this proposal. Instead, he repeatedly said he had persuaded Russia to waive all debt, and this claim won him many votes, and perhaps the victory also, in the presidential election of 2005. During his four years in office Mr. Enkhbayar is not known to have referred to the issue on any occasion.

Mr. Sukhbaatar says the Russian claim comes as a bolt from the blue. The truth has to be ascertained and the issue resolved without delay. For the moment, however, it is clear there will be no USD300 million loan immediately. Interestingly, earlier Russia had withheld the loan on the ground that the Mongolian Government would have to stand guarantee that commercial banks would repay the money. There was no talk then about Mongolia being ineligible for a loan because it still owed Russia money.

Source: en.News.mn

 

Business Council of MongoliaThe Business Council of Mongolia aims to advocate increased trade and investment in Mongolia and serve as a forum for dialogue on the important business climate issues. Join us at the Business Council Mongolia Official Website

BC Mongolia: IFC launches project to promote good corporate governance, trade finance

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IFC LAUNCHES PROJECT TO PROMOTE CORPORATE GOVERNANCE, TRADE FINANCE

IFC, a member of the World Bank Group, last week signed a memorandum of understanding with the Mongolian Parliament for a training program to help private companies improve economic performance through increased transparency and accountability. IFC also signed an agreement with Khan Bank under IFC’s Global Trade Finance Program to provide a facility of USD2 million. Supporting trade finance is an IFC strategic initiative in Mongolia at a time when the financial crisis has reduced the availability of trade funding worldwide.
Under the Mongolia Corporate Governance project entered into with the Standing Committee on Economics, IFC agreed to train the Mongolian private sector in best business practices. The project is funded through the Netherlands-IFC Partnership Program. IFC’s project team will work closely with the Government to improve existing regulations, and partner with local training and educational institutions to develop the necessary skills to enhance corporate governance. IFC will also work directly with companies to implement good governance standards and assist banks in assessing their clients’ corporate governance practices to reduce their exposure to corporate loan defaults.

“Improving corporate governance in Mongolia will help us attract investment and make our economy more competitive,” said Mr. Ts. Bayarsaikhan, Chairman of the Standing Committee. “This project is particularly important given the impact of the global economic crisis.”

Mr. Lars Thunell, IFC Executive Vice President and CEO, said the program complements IFC’s new project to reform business inspections in Mongolia. “Supporting the private sector in Mongolia is a priority for IFC. We value our Mongolian banking clients in particular because they serve more than 400,000 families,” he said.
Source: www.ifc.org

 

The Business Council of Mongolia aims to advocate increased trade and investment in Mongolia and serve as a forum for dialogue on the important business climate issues. Join us at the Business Council Mongolia Official Website

BC Mongolia: Khan Resources Hopes “Rule Of Law Will Prevail”

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The Mongolia-Russia partnership in a uranium mining venture has raised concerns for the Canadian miner that owns the deposit. Toronto-listed Khan Resources, which still owns a 58 percent interest in the mining license for the Dornod deposit, is seeking to determine how Mongolia's new law on nuclear energy will affect its investment in the country. President and CEO Martin Quick said, "The new nuclear energy law may have a detrimental impact on the project, so we need to canvass our partners' thoughts on that." Mongolia last month passed a law that gave the state the right to own 51 percent of any strategic uranium deposit.

The two companies that form the joint venture, Mongolian state firm AtomMon and Rosatom's mining arm, AtomRedMedZoloto, already owned 21% each of the license, Mr. Quick said. "Hopefully we can come to some reasonable accommodation with our partners and the Mongolian Government," he said. "It is a democracy and hopefully the rule of law will prevail."

Source: Reuters.com

BioBeer: Monitoring Mongolian Biodiversity Wildlife Picture Index (WPI)

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NEW BIOBEER SEASON STARTS!
Batbayar.G, Munkhjargal.M, will present a talk entitled "Monitoring Mongolian Biodiversity Wildlife Picture Index (WPI)"
on *Thursday, September 3, 2009.*

We will describe our Wildlife Picture Index (WPI) pilot project just completed in Myangan Ugalzat in Western Mongolia and present our preliminary findings. The WPI, developed jointly by the Zoological Society of London and the Wildlife Conservation Society, uses camera stations to reliably and systematically detect many types of terrestrial vertebrates. We set up 2 20 sq km grids with 20 camera stations each; one in the Buffer Zone and one in the core area of the Park for 30 days. Interestingly, human disturbance was much higher in the Core Area of the Park and less so in the Buffer Zone. We detected numerous vertebrate species including passerine birds, small rodents, pikas, marmots and also larger vertebrate species such as Argali. We also used other wildlife detection techniques such as avian point counts, mist netting and small mammal trapping. We discuss future plans for expanding this project as well.

Biobeers is held on the first Thursday of every month at Sweet Cafe
(located behind the Information and Technological National Park and
next to the Admon Printing Company, west of Internom Bookstore
Building). People are requested to arrive after 6pm, in time for the
talk to start at 6.30.

Biobeers is a monthly gathering of government and NGO staff,
biologists, researchers, and other professionals interested in
conservation. Each month, Biobeers sponsors a half-hour presentation
on a topic relevant to Mongolian conservation, followed by an informal
gathering to discuss activities and issues of interest. Biobeers is an
opportunity to find out what is happening in the field of conservation
in Mongolia, talk informally to other researchers and peers in your
field, and share information about issues critical to the environment
and people of Mongolia.

Biobeers is organised by the Zoological Society of London's Steppe
Forward Programme and sponsored by the Wildlife Conservation Society.
At Biobeers the beer is on us!

200 Qatar soldiers will attend joint exercise in October

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News.mn reports: More than 200 soldiers from Mongolia and Qatar, as well as observers from the USA and the Republic of Korea, will participate in a joint military exercise in October. Instructors of Qatar's armed forces will offer theoretical training at the first stage, while the second will see training in tactical shooting, field march and training of special forces. The exercise will contribute to strengthening the mutual trust and cooperation between the armed forces of the two countries, with Mongolia expressing the hope that Qatar will continue to help with capacity building of military personnel.

Read more...

Five important documents signed during Medvedev’s visit

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The following documents were signed during Russian President Medvedev’s visit to Mongolia.

-Memorandum on cooperation between the Railway Agency of the Mongolian Government and the Railway and Road Agency of Russian Government;

-Memorandum on cooperation between Ulaanbaatar Railway, and Russian Railways and Transmash Holding of Russian Federation;

-Protocol between General Election Committee of Mongolia and Central Election Commission of Russia;

-Agreement on establishment Dornod Uran company;

-Declaration on strategic partnership between Mongolia and Russian Federation.

BC Mongolia INFO: Conducting Settlement In National Currency

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LAW OF MONGOLIA

CONDUCTING SETTLEMENT IN NATIONAL CURRENCY

July 9th, 2009 State palace

Ulaanbaatar

CHAPTER ONE

GENERAL PROVISION

Article 1. Purpose of the law

    1. The purpose of this law is to regulate relations concerning conduct of settlement and expression of price of goods, work, service in national currency in territory of Mongolia.

Article 2. Legislation on conduct of settlement in national currency

2.1 The legislation on conduct of settlement in national currency comprises of the Constitution of Mongolia, Law on Central bank /Mongolbank/, Currency settlement law, this law and other legislative acts issued in conformity with them.

2.2 If an international treaty to which Mongolia is a party to provides differently from this law, the former shall prevail.

Article 3. Definitions of the Law

3.1 The following terminology used in this Law shall have the following meaning:

3.1.1 “Territory of Mongolia” means territory of Mongolia excluding economic free-zone, foreign diplomatic missions and consulates in Mongolia;

3.1.2 “National currency” means togrog, lawful means of payment emitted by Mongolbank into circulation, “Togrog” in English, and abbreviated as “MNT”;

3.1.3 “Official rate of Mongolbank” means the rate announced by Mongbolbank calculated on the basis of amount and rate of cashless foreign exchange commerce between banks, and between banks and organizations, citizens;

3.1.4 “foreign currencies” means foreign currencies, foreign banknotes;

3.1.5 “foreign banknote” means currency of foreign countries emitted into circulation by authorized organizations of countries except for Mongolia as lawful means of payment;

3.1.6 “foreign exchange” means securities, other means of payment expressed and paid by foreign currencies used in payment of interstate trade, economic, financial relations;

3.1.7 “unit of settlement” means price offer expressed in change of price of goods, work, service connection with togrog currency ratio versus foreign currencies.

CHAPTER TWO

SETTLEMENT TO BE CONDUCTED IN NATIONAL CURRENCY

Article 4. Consumption of national currency

4.1 Price of goods, work, service shall be expressed and settlement shall be conducted only in national currency in territory of Mongolia, and it is prohibited to set price, carry out settlement, run advertisement in foreign currencies, settlement units without official approval of Mongolbank except for occasions specified in 4.4 of this law.

4.2 Any settlement to be paid into state and local budgets, financed by state shall be carried out only in national currency, and conduct of such settlement in foreign currencies is prohibited.

4.3 Determining amount of fees, deductions, liabilities in legislation of Mongolia shall be expressed only in togrog.

4.4 Monetary savings, loans, any services equal to those, agreements concluded in relation with financial derived means, obligations assumed under such treaties of banks, non-banking financial organizations may be expressed in foreign currencies, and execution maybe provided in foreign currencies.

CHAPTER THREE

CONTROL ON IMPLEMENTATION OF THE LAW

Article 5. Organization in charge of control on implementation of the law

5.1 Auditors of Mongolbank shall take control on banks, and auditors of Financial Regulatory Committee shall take control on legal entities, individuals other than banks.

5.2 Mongolbank and central state administrative body in charge of financial issues may conduct joint inspection on implementation of this law according to the decision of Financial Regulatory Committee.

Article 6. Sanctions imposed on person violated the Law

6.1 If a breach of those specified in 4.1-4.3 of this law does not constitute a criminal offence, the following administrative penalties shall be imposed:

6.1.1 To take demand to eliminate the violation, to confiscate income earned from such activity and take it into state revenues;

6.1.2 If the violation specified in 6.1.1 of this law is not eliminated, a fine of amount equal to 10-30 times of minimum labor rate shall be imposed upon citizens and a fine of amount equal to 50-100 times of minimum labor rate shall be imposed upon legal entities for the period of violation elimination or to submit claim to the court to annul right to run business activities;

6.1.3 If a legal entity with special permit does not fulfill demands taken by the authorized body on elimination of violations, the special license shall be suspended, revoked as specified in articles 13,14 of the Law on special permits of business activities.

6.2 The court shall receive the claim stated in 6.1.2 of this law and resolve.

Article 7. Entry into force of the law

This law shall enter into force from the day it is passed.

Chairman of Parliament of Mongolia D.Demberel

BC Mongolia:16 Points of Revised Oyu Tolgoi Agreement Draft

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Business Council of Mongolia - Oyu Tolgoi1. The 68 percent windfall profits tax will be abolished with effect from January 1, 2011.

2. The Government will own 34 percent of the project. The capital the Government has to contribute will be no more than USD816 million, down from the USD1.7 billion earlier proposed by the investors. According to the Finance Minister this decreases the Government risk by half.

3. Investors will not be exempted from paying any tax and will also not get any compensation beyond what the law permits.

4. Investor-dependent entities and subcontractors will also work under the proposed new tax environment.

5. The following eight types of taxes will be stabilized:

  • Company income tax,

  • Customs tax,

  • VAT,

  • Special taxes, not including fuel tax,

  • Mineral reserve usage tax,

  • Payment for minerals exploration,

  • Real estate tax,

  • VAT on certain products.

6. Investment tax rebates will be allowed only during construction.

7. During construction, foreign labor will not exceed 60 percent of the work force.

8. The initial amount of investment in the project will be no more than USD4 billion.

9. No more than 60 percent of the total investment expenses will be met by sale of ordinary shares. The rest will come from preferential shares and direct financing. This will bring in more tax to Mongolia.

10. The Government will raise this amount on its own. In case it fails to find ways of raising the money, the Government can seek collaboration with the investors.

11. The Mongolian side will save USD268 million from the new system of collecting VAT. The Mongolian side will also get USD90 million more by adopting new Customs regulations. Together these work out to USD358 million and this will start coming in as soon as work on the project starts.

12. Investors will make an initial payment in the form of a loan of USD250 million. This will be repaid with 5 percent interest. Previously the investors had offered USD125 million, of which USD25 million was to carry no interest, while the interest on the rest was set at 9.9 percent.

13. Exploration expenses will not be met with this loan.

14. All provisions in the March negotiations that were beneficial for Mongolia have been retained.

15. Currently, the estimated value to Mongolia of the project’s revenues has increased from the March estimate of USD5.3 billion or 58 percent return to USD5.4 billion or 59 percent return. The nominated price or money to take every year was previously estimated at USD28.8 billion, and now it has risen to USD29.1 billion. The total cost of the project is estimated at USD4.1 billion.

16. Besides annulling the WPT, three other laws are sought to be amended.

i) The law on corporate tax will be amended to allow 100% loss to be carried forward for 8 years. “We have followed the advice of foreign organizations on this,” the Finance Minister has said.

ii) The existing law permits roads to be built only at State expense. The proposed amendments will allow investors to build paved roads for their needs. “This is very beneficial to Mongolia,” the Ministers said.

iii) “Water is of great importance to continue this project successfully. We have now proposed incorporation of several new articles and paragraphs in the existing law,” the Ministers said.

 

Business Council of Mongolia The Business Council of Mongolia aims to advocate increased trade and investment in Mongolia and serve as a forum for dialogue on the important business climate issues. Join us at the Business Council Mongolia Official Website

UB Railway, uranium likely to be on Medvedev’s agenda

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Medvedev listening to PutinNews.mn reports: Nothing official has yet been disclosed about what Russian President D.Medvedev will do in Mongolia during his visit next week, apart from attending the 70th anniversary ceremony of the Khalkh River war victory and the 100th anniversary of formal Russia-Mongolia relations. It is widely expected that some important decisions will be taken on UB Railway and cooperation in uranium.
Mongolia is likely to place a request for a USD250-million assistance package for the railways and for a review of the 1949 agreement. A jointly-invested company was established last December to develop the infrastructure for large-scale mining but nothing much has been heard of it since then.
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