1 Chile: World Leadership in Mining Jerónimo Carcelén Carcelén & Cia. Abogados Balochistan Mining Sector Technical Assistant Project Workshop on International Norms in Large-Scale Mining September 27 28, 2011 Islamabad Pakistan
2 Mining Quiz
3 Chile: A Mining Country From the early pioneers through to today s modern and sophisticated companies, Chile s history has been shaped by mining. Impact of mining in terms of economic growth and social development: Mining investment has created more and ever-better jobs. Transport infrastructure that has followed the industry s development. Mining has served as a bridgehead for the transfer and incorporation of new technologies. Even more importantly, mining has a positive impact on the quality of life of communities located in mining areas.
4 Milestones for Chilean Mining Development
5 Contribution to World s Copper Production Source: Cochilco
6 Principal Copper Producers 1,689 Principales productores de Cobre en Chile 2010 (Miles Tmf) 1, Empresa %Part. Codelco 31.2% Escondida 20.1% Collahuasi 9.3% Los Pelambre 7.3% Anglo American 7.3% Spence 3.3% El Abra 2.7% Zaldivar 2.7% Candelaria 2.5% El Tesoro 1.8% Cerro Colorado 1.6% Quebrada Blanca 1.6% Lomas bayas 1.3% Michilla 0.8% Otros 6.8% Codelco + Escondida: 51.3 % of the national copper production
7 Growth of Copper Production Evolución Producción Cobre Periodo Cifras en miles de tmf de cobre (ktmf) 6, KTmf 5,000 4,000 3,000 2, KTmf 1,000 0 Codelco (Estatal) Privados
8 Mining Principles in the Constitution (1980) The State is the owner of all mineral resources and it has absolute, exclusive and inalienable ownership over them. The Constitution allows the exploration and exploitation of mineral deposits by private companies (local/foreign). Mining concessions shall always be granted by a judicial resolution and the ownership of the mining concession is protected by the constitutional guarantee of the right of property. The mining right holder shall become the owner of all mineral substances within such concessions. In case of expropriation, the mining right holder shall be entitled to ask for compensation of any patrimonial damage.
9 Mining Projects by Region Inversión Total Proyectada Minería Cobre, Oro y Plata (cifras en millones de dólares)
10 ,500 2,000 2,100 2,100 2,500 2,500 2,500 2,500 2,500 3,000 3,000 3,400 3,450 5,300 6,400 Project Portfolio - Copper & Gold ( ) (numbers in USD millions) 7,000 6,000 Inversión CARTERA Total DE PROYECTOS Proyectada A MATERIALIZAR Minería EN Cobre, LA MINERIA Oro DEL y Plata COBRE Y ORO EN EL PERIODO (Cifras en Millones de USD) (cifras en millones de dólares) 5,000 4,000 3,000 2,000 1,000 0 Fuente: Elaboración propia en base a informe de inversiones de Cochilco Total Investment Portfolio : US$ 52 billions
11 Chile: A Strong Economy Chile s dynamic business environment is the result of a policy-driven strategy that has focused on: Building sound macroeconomic fundamentals through a rules-based policy framework. Advancing democracy, political freedom and civil liberties. Actively encouraging international integration through free trade agreements and FDI. Implementing strong social policies to promote social cohesion so all citizens benefit from economic growth.
12 Chile: The Safest Place to Invest in Latin America - Best Sovereign Risk Rating in Latin America from each of the 3 primary ratings agencies (S&P, Fitch, & Moody s) th Risk Ranking of the Economist Intelligence Unit (Feb. 2010). Highest in Latin America, and higher than the U.S., Japan, and the UK nd Best Place to Do Business in the next 5. Economist Intelligence Unit. - 2 nd ease place in Latam of Doing Business. World Bank: Group (2010) th in the global competitiveness. World Economic Forum ( ) (up to 10) in the Corruption Perception Index of Transparency International (2009). Over Spain and China and 1 st in Latam Region.
13 FDI materialized under DL 600 FDI materialized under DL 600 Breakdown of inflows by sector, (US$ 74,901 million) Transport & communication s Manufacturing 11% 12% Others 3% Mining 33% Electricity, gas & water 20% Services 22% Source: Foreign Investment Committee (www.foreigninvestment.cl)
14 Principles of the Foreing Investment Regime Non-discrimination. Non-discretionary procedures. Free access to economic sectors. Contract with State of Chile. Access to Formal Exchange Market. Capital and profit remittances. Choice of tax system. Six forms of investment (foreign currency, assets, technology, loans, etc.). Special rights for mining investment (high amounts and long term).
15 Chile: Mining GDP 30.0% Participación de la Minería en el PIB de Chile (Precios Corrientes) 25.0% 22.3% 22.8% 20.0% 15.0% Promedio 16,8% Average 16.8% 12.9% 15.7% 17.6% 15.6% 19.2% 10.0% 8.4% 5.0% 0.0%
16 Tax Revenues From Mining US$ millions 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2, % Ingresos Fiscales Provenientes de la Minería (Cifras en Millones USD) 31.4% Codelco Minería Privada % Ingresos del Fisco 22.9% 21.6% 20.6% 20.6% 7,924 8, % 6,131 5,962 5,437 4,359 6,190 4,580 4,150 3,338 3,660 1,543 1, A mar % 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% In 2010, tax revenues generated by mining were 20.6% of total government revenue. Between January 2005 and March 2011, the mining sector contributed more than USD million to the State of Chile.
17 Contribution to Fiscal Revenues In its 40 years, Codelco has contributed to the State of Chile the amount of US$ 84,000. * Includes income tax, transfers under Law , profit transfers, customs duties, VAT and other items. ** Includes US$ 705 million corresponding to the Specific Mining Tax of which companies can credit US$ 352 million against income tax.
18 Mining Royalty in Chile Tax collection by the state by the mere fact of extracting chilean mineral resources. This is a kind of compensation that the mining companies must pay to the State to extract and get profits from the Chilean subsoil minerals. Law Nº (2005) establishes the Specific Mining Tax (SMT), based on the operational profits of the companies. It is applied for those companies exceeding TPD of fine cooper and the tax is charged in istallments up to metric tons of fine copper and can range from 0,5% up to 5%.
19 Mining Royalty in Chile To help pay for the country's reconstruction from the earthquake, Chile has enacted a temporary increase in its corporate income tax rate and a definitive increase in the SMT. The increase in the SMT is: Voluntary with respect to existing operations that have invariability tax regimes under DL-600 contracts. The rate of the SMT has been increased to a level of 5-14%. Determined according to the mining operational margins. 6 years will be granted for those who submit to the new regime. Such extended term will be counted as from the date in which the original DL600 contract term expires.
21 Poverty Reduction and Mining Mining Regions are below the national average (13.7% poverty): Tarapacá: 11.8% Antofagasta un 7.3% Atacama un 10.5% Mining District Pozo Almonte 21.9% 6.1% Antofagasta 12.9% 6.1% María Elena 14,6% 5,3% Sierra Gorda 3.4% 2.7% Mejillones 20.1% 5.0% Taltal 32.9% 5.5%
22 Fiscal Stabilization Creation of two funds: Pension Reserve Fund (May. 11: ~US$ 4 billion): supplement the financing of future contingent liabilities related to pensions. Economic and Social Stability Fund (May 11: ~US$ 13 billion): to finance potential fiscal deficits and to amortize public debt. These government funds are separate from Central Bank reserves, which are managed by the independent Central Bank 22
23 Policies to Atract Mining Investment Policy Potential Index (PPI) issued in 2011 by Fraser Institute. It measures key matters to atract mining investment: regulation, tax structure, infraestructura, environmental framework, political estability, etc.
24 Fraser Institute: Mineral Potential Index ** **Measures geological potential in each jurisdiction
25 Chile: A Mining Country In the period the average of the so called Mining GDP was up to 16.8%. It was 19.2% in This owes much to the economic dynamism generated by mining activity as well as to a battery of government social policies financed, to a significant extent, by revenues from the industry s taxes and surpluses. The 2006 National Socioeconomic Survey (CASEN) found that, in the Antofagasta Region of northern Chile - the heart of the mining industry-- 7.3% of the population was living below the poverty line. This represented almost 7 points below the national average and a drop of 70% on 1990
26 Conclusions and Factors of Success A positive business climate (macroeconomic discipline, commercial openness, legal stability, transparency). Legal and Tax Stability for the mining industry. No discresionality in granting new concessions. PPP in infraestructure projects. Environmental compliance. Social participation.
27 Chile: World Leadership in Mining Jerónimo Carcelén Attorney at Law September 2011 Islamabad, Pakistan
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