Identifier
Created
Classification
Origin
06ULAANBAATAR380
2006-05-16 07:44:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Ulaanbaatar
Cable title:
FOREIGN INVESTORS CONCERNED AS WINDFALL MINING
how-toVZCZCXRO5733 PP RUEHGH RUEHLMC DE RUEHUM #0380 1360744 ZNR UUUUU ZZH P 160744Z MAY 06 FM AMEMBASSY ULAANBAATAR TO RUEHC/SECSTATE WASHDC PRIORITY 9890 INFO RUEHUL/AMEMBASSY SEOUL 2241 RUEHBJ/AMEMBASSY BEIJING 4979 RUEHOT/AMEMBASSY OTTAWA 0313 RUEHKO/AMEMBASSY TOKYO 2101 RUEHMO/AMEMBASSY MOSCOW 1484 RUEHBY/AMEMBASSY CANBERRA 0069 RUEHGH/AMCONSUL SHANGHAI 0011 RUEHSH/AMCONSUL SHENYANG 0213 RUEHHK/AMCONSUL HONG KONG 0745 RUEATRS/DEPT OF TREASURY WASHDC RUCPODC/USDOC WASHDC 1016 RUEHLMC/MILLENNIUM CHALLENGE CORP WASHINGTON DC 0258
UNCLAS ULAANBAATAR 000380
SIPDIS
SENSITIVE
SIPDIS
STATE FOR EAP/CM
STATE PASS USTR FOR WINELAND
DEPT OF COMMERCE FOR ZHEN GONG CROSS
E.O. 12958: N/A
TAGS: EMIN ETRD EINV PREL PGOV MG HK CA
SUBJECT: FOREIGN INVESTORS CONCERNED AS WINDFALL MINING
TAX PASSES
SENSITIVE BUT UNCLASSIFIED - NOT FOR INTERNET
DISTRIBUTION.
Ref: ULAANBAATAR 261 (notal)
UNCLAS ULAANBAATAR 000380
SIPDIS
SENSITIVE
SIPDIS
STATE FOR EAP/CM
STATE PASS USTR FOR WINELAND
DEPT OF COMMERCE FOR ZHEN GONG CROSS
E.O. 12958: N/A
TAGS: EMIN ETRD EINV PREL PGOV MG HK CA
SUBJECT: FOREIGN INVESTORS CONCERNED AS WINDFALL MINING
TAX PASSES
SENSITIVE BUT UNCLASSIFIED - NOT FOR INTERNET
DISTRIBUTION.
Ref: ULAANBAATAR 261 (notal)
1. (SBU) On May 12, Mongolia's State Great Hural (SGH),
or Parliament, passed a controversial windfall profits
tax on copper and gold. This law moved through the
typically glacial SGH process at light speed, being
passed less than two weeks after it was initially
proposed without any opportunity for public or
industry comment. Proposed by Member of Parliament
Batbayar and supported by his party, the ruling
coalition Mongolian People's Revolutionary Party
(MPRP),this law found traction in the current
environment of public protests and concern over foreign
investment in the mining sector (reftel).
2. (SBU) Post has just obtained a Mongolian version of
the law, although it was a struggle as no copy was made
available by the SGH, despite repeated requests from
and to multiple sources and in contravention of the
SGH's policy that all drafts and laws are public at
each phase of the parliamentary process. Once
translated, post will provide a fuller analysis, but
reports indicate that the legislation provides for a
tax of 68% when copper prices reach US$2,600 a ton
(US$1.18 per pound),and when gold reaches US$500 an
ounce. It is unclear whether earlier investments are
grandfathered or not. Foreign mining companies are
concerned that this may be but the first in a series of
similar legislation, including populist proposals that
the government receive a majority equity stake in
foreign mining ventures.
3. (SBU) According to SGH Secretariat sources, the
windfall profits legislation has not yet been passed to
Mongolia's President for review. Under the
Constitution, the President has five working days to
review the bill once it reaches him, and has the
opportunity to veto it in full or in part.
4. (SBU) On May 10, DCM, Econ/Coml Chief, and Senior
Commercial Assistant met with the Presidential Foreign
Policy Advisor Tsogtbaatar (strictly protect) to urge
caution on this and related mining legislation, lest
there be damage to the business and investment
environment. Tsogtbaatar expressed personal concern
about the risks and negative trends in such legislation
and said the President was also concerned about it.
That said, he left the impression that the President
would probably not/not veto such legislation as he
needed to "keep his powder dry" for potentially larger,
more serious attacks looming against the GOM's market
economy principles. DCM cautioned that, having already
lost control of the initiative, failing to stand firm
against potentially damaging laws risks losing the war
by virtually surrendering the field on smaller but
defining battles.
SLUTZ
SIPDIS
SENSITIVE
SIPDIS
STATE FOR EAP/CM
STATE PASS USTR FOR WINELAND
DEPT OF COMMERCE FOR ZHEN GONG CROSS
E.O. 12958: N/A
TAGS: EMIN ETRD EINV PREL PGOV MG HK CA
SUBJECT: FOREIGN INVESTORS CONCERNED AS WINDFALL MINING
TAX PASSES
SENSITIVE BUT UNCLASSIFIED - NOT FOR INTERNET
DISTRIBUTION.
Ref: ULAANBAATAR 261 (notal)
1. (SBU) On May 12, Mongolia's State Great Hural (SGH),
or Parliament, passed a controversial windfall profits
tax on copper and gold. This law moved through the
typically glacial SGH process at light speed, being
passed less than two weeks after it was initially
proposed without any opportunity for public or
industry comment. Proposed by Member of Parliament
Batbayar and supported by his party, the ruling
coalition Mongolian People's Revolutionary Party
(MPRP),this law found traction in the current
environment of public protests and concern over foreign
investment in the mining sector (reftel).
2. (SBU) Post has just obtained a Mongolian version of
the law, although it was a struggle as no copy was made
available by the SGH, despite repeated requests from
and to multiple sources and in contravention of the
SGH's policy that all drafts and laws are public at
each phase of the parliamentary process. Once
translated, post will provide a fuller analysis, but
reports indicate that the legislation provides for a
tax of 68% when copper prices reach US$2,600 a ton
(US$1.18 per pound),and when gold reaches US$500 an
ounce. It is unclear whether earlier investments are
grandfathered or not. Foreign mining companies are
concerned that this may be but the first in a series of
similar legislation, including populist proposals that
the government receive a majority equity stake in
foreign mining ventures.
3. (SBU) According to SGH Secretariat sources, the
windfall profits legislation has not yet been passed to
Mongolia's President for review. Under the
Constitution, the President has five working days to
review the bill once it reaches him, and has the
opportunity to veto it in full or in part.
4. (SBU) On May 10, DCM, Econ/Coml Chief, and Senior
Commercial Assistant met with the Presidential Foreign
Policy Advisor Tsogtbaatar (strictly protect) to urge
caution on this and related mining legislation, lest
there be damage to the business and investment
environment. Tsogtbaatar expressed personal concern
about the risks and negative trends in such legislation
and said the President was also concerned about it.
That said, he left the impression that the President
would probably not/not veto such legislation as he
needed to "keep his powder dry" for potentially larger,
more serious attacks looming against the GOM's market
economy principles. DCM cautioned that, having already
lost control of the initiative, failing to stand firm
against potentially damaging laws risks losing the war
by virtually surrendering the field on smaller but
defining battles.
SLUTZ