2012 Americas School of Mines

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1 Americas School of Mines Francophone Africa Gilles de Vignemont

2 Agenda Section one: Overview of Africa Section two: Hot Topics Section three: in Africa Summary 2

3 Section one: Overview of Africa 3

4 Africa is BIG!!! Larger than: China, + the USA, + Western Europe, + India, + Argentina, + British Isles combined 4

5 A continent of cultural and legal diversity French speaking countries Spanish /Portuguese speaking countries English speaking countries Arabic / French speaking countries Arabic / English speaking countries A world where 6,000 languages are STILL spoken!! 5

6 Overview of African legal systems Systems based on civil law principles: French legal system (Napoleonic Code) Portuguese, Spanish and Italian legal systems (largely based on Roman law) Systems based on common law principles Mixed civil law / common law based systems 6

7 Strategic Rationale for Investing in Africa 1 billion potential customer (heading toward 2 billion by 2050 Increasing global demand for Africa's resources Growing Consumerism Capital is flowing more freely, which facilitates trade Securing access to raw-materials Big misperceptions about Africa still exist especially in the mainstream media 7

8 Francophone Africa (20 countries + North Africa) Benin Burkina Faso Comores Congo Gabon Mauritius Guinea Niger Cameroon Djibouti Madagascar Senegal Central African Rep Cote d Ivoire DRC Mali Tchad Equatorial Guinea Mauritania Togo 8

9 Corruption in Africa: perception index 2011 VERY CLEAN HIGHLY CORRUPT NO DATA Source: Transparency International 9

10 Section two: Hot Topics 10

11 Guinea s Hot Topics - New mining legislation dated September % free stake for the State in project with option to purchase an additional stake up to 20% - New anti-corruption provisions - Quotas on hiring of expatriates ( Local Content ) - Creation of a new Local Development Fund - Capital gain tax (10%) on direct and indirect transfer of mining licences and companies shares which owns the licences 11

12 Other francophone countries Hot Topics - Burkina Faso: 20% capital gain tax on direct transfer of mining licences - Mali: pending legislation seeks to raise State s share from 20% to 25% - Madagascar: suspension of new mining permit - Mauritania: new mining code has been adopted very recently 12

13 Common Hot Topics - Harmonization of mining legislation Common mining code in UEMOA (West African Economic and Monetary Union) Unified legal framework for mineral exploration and mining - Transfer pricing Strengthening of transfer pricing statutory laws, enacting regulations, issuing practice notes, and building capacity to deal with transfer pricing issues. Increased scrutiny: a common area of focus in the extraction industry. Advanced Pricing Agreement provision: option for more certainty relative to transfer pricing 13

14 Common Hot Topics - Value Added Tax on import of fuels: Exploration vs. construction vs. Production Exemption or recoverability - WHT on interest: Exemption or reduced rates Rulings? VAT on interest? 14

15 Conflict mineral Dodd-Frank Act (July 2010), Section 1502 Requires persons to disclose annually whether any of the conflict minerals that are necessary to the functionality or production of a product originated in the DRC or an adjoining country. If applicable, engage an independent, private sector firm to audit the due diligence procedures and findings included in the Conflict Minerals Report. 15

16 Africa Mining Vision (AMV) Adopted by the African Union Objective: building a sustainable future for Africa s extractive industry Action plan with 9 program clusters, adopted in December 2011: - Mineral rents & management - Geological & mining formation systems - Building human & institutional capacities - Artisanal & small scale mining - Mineral sector governance - Research & development - Environmental & social issues - Linkages & diversification. 16

17 Extractive Industries Transparency Initiative (EITI) Compliant countries Candidate countries Central African Republic DRC Mali Gabon Mauritania Guinea Niger Republic of Congo Candidate countries Togo Madagascar (suspended) Countries not in the program Burkina Benin Cameroon Equatorial Guinea Chad Djibouti Cote d Ivoire Senegal North African countries 17

18 Section three: in Africa 18

19 s Africa Network Leading firm in Africa, extensive network of offices in most of the African continent and providing tax, assurance and advisory services. More than 56 permanent offices in 31 countries across the continent employing more than 7,000 professional staff. The only firm with U.S.-based African Tax Group. - A team of tax professionals from Africa. Fully integrated delivery between U.S. and the Africa network offices

20 Summary 20

21 Summary Increased democracy: - Governments anxious to ensure nations mineral resources are fairly distributed - Local communities development, capital gain taxes - Examination of current mining legislation and review of existing mining contracts Rise of resource nationalism (Local Content): - Mandatory government participation - Quotas on expatriates, local procurement Emphasis on greater accountability and transparency - EITI, FCPA, Dodd-Frank Act 21

22 Thank you! Gilles de Vignemont African Tax Group in New York PricewaterhouseCoopers LLP. All rights reserved. refers to the United States member firm, and may sometimes refer to the network. Each member firm is a separate legal entity. Please see com/structure for further details.

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