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www.marsh.com
World Mines Ministries Forum
Managing Risk in Mining Projects
March 1, 2008
Daniel Galvao
Marsh Inc.
2Marsh
Managing Risk in Mining ProjectsAgenda
Different Stakeholders, Different Interests
Key Aspects for Success
Host Government Attractiveness
Political Risk
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Managing Risk in Mining ProjectsDifferent Stakeholders, Different Interests
Equity investor perspective
Lenders perspective
Host government perspective
Local community / local government perspective
Insurers perspective
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Managing Risk in Mining ProjectsDifferent Stakeholders, Different Interests Equity investor perspective
– ROE / ROI How much can this project return vis-à-vis alternatives ? What is the experience of other in the industry ?
– Stability How stable is the political regime ? How stable is operational environment ? (disruptions) How stable is the tax treaty ?
– Corporate Governance Have we disclosed fully the risks of this jurisdiction ? Have we disclosed initiatives to mitigate transfer those risks ?
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Managing Risk in Mining ProjectsDifferent Stakeholders, Different Interests Lenders perspective
– Payback capability Do the operators/sponsors have the cash-flow capacity to repay ? What is our experience in that jurisdiction ?
– Guarantees Do we have a collateral guarantee ? Is insurance available / in place ?
– Reputation Difference between Multilateral/ECA lender and private lender Equator Principles
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Managing Risk in Mining ProjectsDifferent Stakeholders, Different Interests
Host government perspective
– Local development How to we secure development (direct and secondary) and attract
further investment?
– What is our financial gain in the project? ROE / ROI Present and future tax revenue?
– Public governance Is the project sustainable? Is the project supportable (even w/ opposition)?
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Managing Risk in Mining ProjectsDifferent Stakeholders, Different Interests
Local community / local government perspective
– Job gains Can we secure fairly paid jobs in the project? If takeover of an existing project, can we maintain same job base?
– Local development Will local secondary industries / jobs derive from the project? Will there be social developments (education, basic infrastructure)
investments made by the project?
– Sustainability Is the project environmentally sustainable?
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Managing Risk in Mining ProjectsDifferent Stakeholders, Different Interests Insurers Perspective
– Macro-economical and Social variables What is the overall macro stability of the country/region ? Level of poverty, incidence of terrorism/guerrilla activity ? Political regime: democracy, dictatorship, theocracy ? What is their liquidity position: government has money or are in deep need
of funds ?
– Stakeholders Due diligence Who else is involved in the project ? Is the project supported locally ?
– Probability of Loss Severity and Frequency analysis
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Managing Risk in Mining ProjectsKey Aspects for Success
Cross Gains
Profitability
Stability
Sustainability
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Managing Risk in Mining ProjectsHost Government Attractiveness Clear Definition of Indigenous Rights
– Self government– Use of land and resources (water, timber, fauna and flora)– Title ownership – Access to rent and/or royalties revenue
Relationship with other government bodies and opposition
Mining code clarity and stability
Tax regime clarity and stability
11Marsh
Managing Risk in Mining Projects
Political Risk
Risk from a Geo-Political actions that can impact a project’s ability to conduct business or turn a profit.
Political Risk: not the same but correlated to Country Risk, not the same but correlated to Security Risk
Some examples of Political Risks:– Expropriation/Nationalization: Russia (Yukos), Venezuela (ConocoPhillips, Exxon),
Bolivia (Petrobras)
– Political Violence: Sabotage (Colombia/Mexico), Terrorism (Israel, Indonesia), Civil War (Sierra Leone, DRC)
– Breach of Contract/Contract Frustration: Dominican Republic, Ecuador
– Currency Inconvertibility/Transfer: Argentina (2001), Venezuela (2003)
12Marsh
Managing Risk in Mining Projects
Mitigating Political Risk
There are six broad risk mitigation categories for Political Risks:
1. Joint Ventures
2. Good Corporate Citizenship and High Environmental Standards.
3. Portfolio (Geographic) Diversification
4. International Investment Agreements
5. Security Management
6. Insurance
These are not mutually exclusive and should be combined to the
maximum possible/economically viable extent.
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Managing Risk in Mining Projects
Mitigating Political Risk – Joint Ventures
PROS
– Having a local partner potentially diminishes the risk of local intervention due to local connections
– Share risk mitigation and loss impact in case of a loss
– If partnering with a multilateral institution or ECA, local gvt. Is less likely to intervene
CONS
– Local partner can become liability with change of government
– Local partner might want to use its local political leverage to pressure foreign partner out of the project (or secure better terms)
– With a multilateral or ECA partner interest might not align in the settlement of a loss and payouts are not necessary pari passu
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Managing Risk in Mining ProjectsMitigating Political Risk – Good Corporate Citizenship and High Environmental Standards
PROS
– In-house solution
– Positive community relationship minimizes the risk of local sentiments against project
– Attracts local pool of talent
CONS
– Presupposes rational host government
– Presupposes rational NGO’s
– Potential high cost of implementation and management
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Managing Risk in Mining ProjectsMitigating Political Risk – Portfolio Diversification
PROS
– In house solution
– Geographic diversification diminishes impact of a single loss
CONS
– Only viable with 3+ projects in different jurisdictions
– Large individual losses still might have catastrophic impact on balance sheet
– Need to recalibrate portfolio risk every time an acquisition or divestiture is made
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Managing Risk in Mining ProjectsMitigating Political Risk – International Investment Agreements
PROS
– Bilateral or Multilateral agreements avoid political wrangling over a disputed project
CONS
– Only few countries participate (Canada has 22 FIPA’s in place currently)
– Long and costly legal determinations in the event of a loss, through remedies and arbitration
– No guarantees: you win the award but is not able to collect
17Marsh
Managing Risk in Mining ProjectsMitigating Political Risk – Security Management
PROS
– Sometimes an in house solution
CONS
– Only respond to small, less catastrophic losses (short disruptions)
– If outsourced, high degree of trust and due diligence is needed
18Marsh
Managing Risk in Mining ProjectsMitigating Political Risk – Insurance (PRI)
PROS
– Clear definition of risk transfer
– Can be assignable and with provision to deal with corporate governance
– Well structured policy provides indemnity within a specific time-frame (ie. AAD)
CONS
– Not designed to respond to small losses (although some forms now tailored to small disruptions)
– Need remedies and arbitration procedures to be exhausted
– If not properly structured can be expensive
19Marsh
Managing Risk in Mining ProjectsMitigating Political Risks – Best Practices
Assess the exposure:– Which perils are we exposed to ?– What is the Maximum Foreseeable Loss and Maximum Probable
Loss in regards to Political Risks ?
Determine Mitigating Solutions:– Do we need/can we afford all six categories of mitigation ?– Which ones provide us with the best return for our investment ?
Implement, Document and Publicize Mitigation Solutions:– Investors and Stakeholders Perception– Corporate Governance
20Marsh
Managing Risk in Mining ProjectsPolitical Risks – Selected Jurisdictions
RANK COUNTRY
1 AUSTRALIA
2 CANADA
9 ARGENTINA / BOTSWANA
11 CHINA
12 NAMIBIA
18 SOUTH AFRICA / ZAMBIA / KAZAKHSTAN
21 PAPUA NEW GUINEA
22 RUSSIA
23 BOLIVIA
24 INDONESIA
25 DEMOCRATIC REPUBLIC OF CONGO
OBS: VENEZUELA AND ZIMBABWE EXCLUDED DUE TO EXTREME RISK
SOURCE: BEHRE DOLBEAR 2008 RANKING
www.marsh.com
Questions ?
Thank You
Daniel Galvao
Sr. Vice President – Marsh Inc.
(416) 868.7988