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stabilization clauses in mining

  • Oil, Gas, and Mining Fiscal Terms Natural Resource

    Oil, Gas, and Mining Fiscal Terms. But in order to protect the interests of citizens, preserve state sovereignty, and remain flexible to changing economic and political circumstances, stabilization clauses should be narrowly drafted and limited to major revenue

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  • Investments in the deep freeze? Stabilization clauses in

    Stabilization clauses in investment contracts. For contract negotiators, these clauses continue to pose some perplexing questions on the proper allocation of transactions risk between an investor and a host state. For the arbitration community, its worth considering how these clauses work,

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  • Transfer Pricing in the Mining Industry tpcases

    Fiscal stabilization clauses are problematic from a tax perspective because they can freeze the fiscal terms in the contract such that changes in tax law may not be applicable to existing mines, foregoing significant government revenue.

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  • 13.2 Tax Stabilization Clause MMDA Project

    13.2 Tax Stabilization Clause. the Facilities will be deemed to be a mine and the operations conducted in connection therewith to be mining for the purposes of Section [x] of the Act. (f) impose other royalties or duties on Normal Operations, so as to have a material adverse effect on the Companys Distributable Profits or the

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  • quot;Stabilisation Clauses and the Zambian Windfall Taxquot; by

    The concession agreements between the Government of Zambia and the mining companies contained Stabilisation clauses which constitute a promise on the part of the host government not to amend its laws in a way that adversely affects the economic rights contained within that particular concession agreement.

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  • Tax Stabilization Clause in Oil and Gas Industry

    tax stabilization clause, oil and gas agreement Abstract An investor in oil and gas industry take the risk of concluding a long term contract with a state counterparty that has the power at any time to change the tax law applicable to its contract.

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  • Stabilization Clause Practical Law

    A stabilization clause is a means for foreign investors to mitigate or manage the political risks associated with their project. The most common types of stabilization clauses are Freezing clauses These clauses fix or freeze for the term of the project the applicable domestic legislation or regulations affecting the project to those in effect

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  • Stabilization Clause Negotiations Portal

    Stabilization Clause. A clause in a contract between an investor and a host state that addresses changes in law in the host state during the life of the project. There are three broad categories of stabilization clauses Freezing clauses that specify that the law that is in effect on the day that a contract is signed will apply to

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  • STABILISATION CLAUSES AND HUMAN RIGHTS ifc

    Stabilization Clauses For the purposes of this study, stabilization clauses are those clauses in private contracts between investors and host states that address changes in law in the host state during the life the project. Use of stabilization clauses is widespread across industries and regions of the world.

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  • Shemberg Stabilization Clauses and Human Rights

    Shemberg, A., Stabilization Clauses and Human Rights, A Research Paper Conducted for the IFC and the United Nations Special Representative of the Secretary General on Business and Human Rights, May 27, 2009 (Link to full text). This paper examines whether stabilization clauses, in its application, may affect the duty of a state in implementing its international human rights obligations.

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  • Stabilisation clauses and state aid BDK Advokati

    May 30, 20170183;32;As a result of this stabilization clause, NIS has continued to pay a mining fee equal to 3% of its oil extraction revenues even after 2011, when this fee was increased to 7% by virtue of a new legislation on mining and geological explorations.

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  • Stabilization Clauses (Tax or Regulatory) Investment

    Feb 12, 20170183;32;June 1, 2016 Commonwealth of Independent States and Ukraine, Mining Disputes, Stabilization Clauses (Tax or Regulatory), UNCITRAL and Ad Hoc Zoe Williams You are not logged in. If you are a subscriber, please Login to access.

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  • Evidence and Implications Oxford Institute for Energy

    yet stabilization clauses are typically offered in developing, not developed, countries. Section 3 assesses the effectiveness of such mechanisms by looking at specific countries experiences, and discusses the central issues related to the design and implementation of fiscal stabilization measures.

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  • Understanding DRCs new mining law power play Will the

    The mining code liberalized the sector to attract private investment with a first come first serve licensing system, universally applicable taxes, and a stabilization clause that guaranteed investors that the codes provisions would apply for at least 10 years after a permit was granted. But times have changed since 2002.

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  • Stabilization Clause Practical Law

    Stabilization Clause. Although stabilization clauses are beneficial to foreign investors and are perceived as helping host governments attract foreign investment, they can prevent host governments from taking the actions necessary to protect their citizens' rights and enforce national laws that apply elsewhere in

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  • STABILISATION CLAUSES AND HUMAN RIGHTS OECD

    Stabilization Clauses and Human Rights. A research project conducted for IFC and the United Nations Special Representative to the Secretary General on Business and Human Rights March 11, 2008. This report is not a publication of IFC and should not be attributed to IFC. It is circulated solely to stimulate

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  • The Function of Stabilisation and Renegotiation Clauses in

    Explain the function of stabilisation and renegotiation clauses in production sharing. Introduction The production sharing agreement is a contractual agreement made between a foreign oil company (contractor) and a designated state enterprise (state party), authorizing the contractor to conduct petroleum exploration and exploitation within a certain area (contract area) in accordance with

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  • Stabilization Clauses (Tax or Regulatory) Investment

    Feb 15, 20190183;32;September 10, 2018 Mining Disputes, Stabilization Clauses (Tax or Regulatory), UNCITRAL and Ad Hoc Zoe Williams You are not logged in. If you are a

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  • Stabilization clauses and human rights (English) The

    Stabilization clauses and human rights (English) Abstract. The purpose of this study was to examine whether stabilization clauses, a widely used risk management device in investment contracts, may affect a state's action to implement its international human rights obligations.

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  • Ghana?s Mining Stability Agreement The Blame Game is on

    Jul 06, 20150183;32;By Fred Yaw Sarpong Daily Express The mining stability agreement signed between the government of Ghana and companies to protect the investment of the companies due to the risk of mining

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  • Freezing Clause Practical Law

    Freezing Clause. A type of stabilization clause contained in a host government agreement (HGA) or other international investment agreement between a local or host government and a foreign investor concerning a project or other investment which fixes or freezes for the term of the project domestic legislation or regulations affecting

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  • s ilization clauses in mining print flyers

    s ilization clauses in mining sess. s ilization clauses in mining Congo's new mining law raised royalties on minerals across the board and removed a clause that protected miners from changes to the fiscal and customs regime foryears. Read More gt;gt; Minerals, Surface Rights and OSMRE Laws, Regulations, and Guidance

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  • STABILIZATION CLAUSES IN NATURAL RESOURCE

    STABILIZATION CLAUSES IN NATURAL RESOURCE EXTRACTION CONTRACTS LEGAL, ECONOMIC AND SOCIAL IMPLICATIONS FOR DEVELOPING COUNTRIES Evaristus Oshionebo* I. INTRODUCTION eveloping countries endowed with natural mineral resources have a number of common features. These countries often lack the

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  • Stabilization Clause Negotiations Portal

    Stabilization Clause. A clause in a contract between an investor and a host state that addresses changes in law in the host state during the life of the project. There are three broad categories of stabilization clauses Freezing clauses that specify that the law that

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  • Stabilisation Clauses and the Zambian Windfall Tax

    Zambia Social Science Journal Volume 1Number 1 Article 7 5 1 2011 Stabilisation Clauses and the Zambian Windfall Tax Sangwani Ng'ambi University of Zambia

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  • Stabilisation clauses issues and trends Lexology

    Jun 30, 20100183;32;Stabilisation clauses issues and trends. Stabilisation clauses are contractual protections often incorporated into long term investment or concession contracts between international investors and states. Over the life of the contract, the laws and regulations applicable to it may change. Some changes may be adverse to the economics of the project.

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  • Oil, Gas, and Mining Fiscal Terms Natural Resource

    Oil, Gas, and Mining Fiscal Terms. But in order to protect the interests of citizens, preserve state sovereignty, and remain flexible to changing economic and political circumstances, stabilization clauses should be narrowly drafted and limited to major revenue

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  • GAR Chapter Of Taxes and Stabilisation

    Stabilisation clauses today. Claimant establishes an actionable change by proving (i) the existence of a pre existing law or regulation (or absence thereof) at the time the tax stability guarantee was granted, and (ii) a law or regulation passed or issued after the LSA that changed the pre existing regime.

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  • Part II The Legal Status of Stabilization Clauses

    stabilization clauses with the host states power to regulate. Where necessary, attention is paid to the differences between classical and modern stabilization clauses. At the outset, it should be noted that the legal validity and effect of stabilization clauses is a very complex and signicantly contentious matter. At one level, argu

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  • Stabilisation clauses and state aid Lexology

    May 30, 20170183;32;Stabilisation clause, as a risk management tool, is typical of long term capital intensive projects in extractive industry, infrastructure or public services (mining, oil, electricity, water etc.).

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  • (PDF) Stabilization Clauses In International Investment

    Brownlie defines stabilization clauses as the term stabilization clause relates to any clause contained in an agreement between a government and a foreign legal entity by which a government party undertakes neither to annul the agreement nor to modify its terms, either by legislation or by administrative 20 A total of 30 cases are

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  • Stabilisation clause Oil In Uganda

    Stabilisation clause. Monday, 5th March 2012 S. Email this page. Clause in a Production Sharing Agreement or other contract with government that reduces the risk to the contractor (private company) by protecting the company from future changes in, eg, tax laws or environmental regulations and standards. Tweet The Africa Mining Vision (AMV

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  • Legal Issues Arising from a Review of Mining Development

    Feb 06, 20190183;32;Any future stabilization clauses must not be for the life of the mine but have a time limit and be subject to periodic review based on the economic equilibrium principle Most MDAs that the GoT has already entered into with foreign investors have clauses that provide for stabilization and give assurances of stability of the fiscal regime applicable to the investors at the time the agreement was

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  • Stabilization Clauses in International uni halle.de

    Given their nature of safeguarding individual interests of investors, stabilization clauses may cause tensions with interfering states regulation in the public interest, including to protect human rights or more generally to work towards sustainable development.

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  • The Realities of Stabilization Clauses in Petroleum

    The Realities of Stabilization Clauses in Petroleum Investment Contracts (1) Generally, a stabilization clause is a contractual drafting technique used to mitigate political risks in a host country. Foreign investors in the oil and gas industry see the difference in socio economic, ideological outlook and legal framework of host governments as a potential risk impeding investment in emerging economies.

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  • Stabilization in investment contracts Rethinking the

    Stabilization in investment contracts Rethinking the context, reformulating the result. Nor can governments accept a situation where foreign investors are compensated but domestic businesses are not. Consequently, both of these types of clauses have significant impacts on the ability of governments to enact new legal measures in the pursuit of sustainable development objectives,

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  • Stabilization Clauses (Tax or Regulatory) Investment

    Feb 12, 20170183;32;June 1, 2016 Commonwealth of Independent States and Ukraine, Mining Disputes, Stabilization Clauses (Tax or Regulatory), UNCITRAL and Ad Hoc Zoe Williams You are not logged in. If you are a subscriber, please Login to access.

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  • Shemberg Stabilization Clauses and Human Rights

    Shemberg, A., Stabilization Clauses and Human Rights, A Research Paper Conducted for the IFC and the United Nations Special Representative of the Secretary General on Business and Human Rights, May 27, 2009 (Link to full text). This paper examines whether stabilization clauses, in its application, may affect the duty of a state in implementing its international human rights obligations.

    Live Chat