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Economic assessment of the impact of
Mongolia’s foreign investment environment
        and the proposed new mineral law
                                                    Dr Brian Fisher

                  Presentation to the Business Council of Mongolia,
                           18 March, Kempinski Hotel, Ulaanbaatar
Economic assessment of the impact of Mongolia’s
proposed new mineral law

  Purpose and contents of the analysis


   Purpose of the analysis: The analysis seeks to estimate the total impact (direct and indirect) of proposed new mineral
      law implementation on the Mongolian economy (domestic and external sectors, households and government)


  Contents:


           • Role of the mining sector in the Mongolian economy
     1

           • Proposed new mineral law
     2

           • Methodology and assumptions used in the analysis
     3

           • Implications of the proposed new mineral law on the economy (model insights)
     4

           • Conclusions
     5
The contribution of
mining to the
Mongolian economy
The mining sector became Mongolia’s export engine of
growth after the GFC


   Mining sector impact on GDP and exports

    Nominal GDP                                               Exports
       16                                                             6
  MNT t         Mining sector     Non-mining sector                       Mining Exports      Other exports
                                                              US$ b
       14
                                                                      5

       12

                                                                      4
       10


        8                                                             3


       6
                                                                      2

        4

                                                                      1
        2


        0                                                             0
              2009              2010          2011    2012                2009             2010          2011    2012

  On average, the mining sector contributed around a quarter of national GDP over the past four years. After OT and TT reach
  full capacity, the mining sector will make further significant contributions to the domestic economy. The GDP share has not
  fully reflected the importance of the mining sector in recent years. From 2011, the mining sector has contributed more than
                        90% of total exports. Coal, copper and gold make up about 80% of mineral exports.
The growing demand for mining commodities and a
favourable business environment in the past have
attracted foreign direct investment into Mongolia

   Mining sector impact on investment

    Foreign direct investment                                   Major foreign investment in the mining sector
          5.0                                                          4
  US$ b           Mining FDI     Non-mining FDI                US$ b       MMC's IPO and Bond     OT CAPEX
          4.5                                                              MAK loan from EBRD
                                                                       3
          4.0

          3.5                                                          3

          3.0
                                                                       2
          2.5
                                                                       2
          2.0

          1.5                                                          1

          1.0
                                                                       1
          0.5

          0.0                                                          0
                2009           2010         2011      2012                      2010               2011              2012

   Of the total FDI inflow, US$8.6 billion or approximately 81 per cent has been injected into the mining sector in Mongolia in
       the past four years. Of this percentage, OT alone has invested US$6.2 billion of CAPEX in its first phase. In 2012 the
    Mongolian Mining Corporation (MMC), which owns one of the largest coking coal mines, Ukhaa Khudag, planned for its
                           capital expenditure on infrastructure to rise by approximately US$1.3 billion.
Income from the growing mining sector is a vital source
of finance for the Mongolian government


   Mining sector impact on government revenue

  Key taxes that apply to mining in Mongolia                                      Budget revenue (MNT trillion)
                                                                                   6
                                Income Tax                                               Revenue from sources other than mining
                                (10%-25%)
                     Export                                                              Revenue from mining (including prepayment)
                     Duties                         VAT                            5
                     (none)



        Import                                                 Withholdin          4
        Duties                                                   g Tax
         (5%)                                                     (20%*)
                                Mining
                                 Tax                                               3
                                System
      Tax Holiday                                              Depreciation
         (none)                                               (Mainly 10 years)    2


                                                 Progressive
                    Royalties                                                      1
                                                   Royalty
                      (5%)                                                                                                        37%
                                Loss Carry         (0%-15%)
                                 Forward                                                                                31%              23%
                                                                                                  35%        27%
                                (4-8 years)                                             25%
                                                                                 0
                                              *Subject to double taxation treaties      2007      2008       2009       2010      2011   2012

      The government’s reliance on mining sector income has grown higher in recent years via both tax and non-tax income
   collection. In the past four years the government earned MNT 4.2 trillion in tax income and MNT 0.75 trillion of prepayment
     from the mining sector. Not only is direct tax income from the mining sector important, tax income from mining service
   companies is also growing significantly. For example, a total of MNT 283.9 billion has been paid to local suppliers from Oyu
                                                 Tolgoi LLC in the past three years.
If the business environment is favourable a number of
mining companies are expected to commission
operations in the near future

  Strategic Resource Classification

                                                                                    Number of projects
                                                                                     40                               9 NEW
                                                                                                                     PROJECTS
                                                                                     35

                                                                                     30

                                                                                     25

                                                                                     20

                                                                                     15

                                                                                     10

                                                                                      5

                                                                                      0
                                                                                          2000 2008 2010 2011 2012 2013 2014 2015
                                                                                              copper   coal   gold    iron ore




   In the coming three years mining companies may implement nine new projects if business conditions are favourable. Coal
   projects are likely to constitute the majority of new projects. It is estimated that the total investment in these new mining
                                             projects could be US$6.3 billion by 2015.
Mineral law
The Mineral law is the main regulation affecting the mining
sector but there are many other laws that have an impact on
mining

  Legislation relevant to mining projects


                                                       General Law
                                                            on                                    Law on Land
                                                       Environment                                  Subsoil
                                                        Protection
                                                                               Law on                                  Public Admin
                                    Land Law
                                                                              Explosives                                   Law
                                                                                                                                                Mining
               Law on
                                                                                                    Nuclear                                   Health and
              Protected                                Mineral Law
                                                                                                   Energy Law                                 Equipment
                Areas
                                                                                                                                             Certification
                                                                            Competition                                  Corporate
                                  Labour Law
                                                                               Law                                          Law
                                                                                                     Foreign
                Law on                                 Law on Land
                                                                                                   Investment
               Taxation                                   Fees
                                                                                                       Law
                                                                              Foreign                                  Long Named
                                   Water Law                                Labour Force                               Environment
                                                                               Laws^                                      Law*


          ^Sending Labor Force Abroad and Receiving Labor Force and Specialists from Abroad
          *Law to Prohibit Mineral Exploration and Mining Operations at the Headwaters of Rivers, Protected Zones of Water Reservoirs and Forested Areas
Foreign investment environment needs to be stable in order
           to continue to attract foreign capital



• The attractiveness of a country to foreign direct
  investors is dependent on the domestic investment
  environment, the stability of the policy regimes in
  place and the effective tax rates imposed compared
  with alternative investment destinations.
• An uncertain environment where tax rates and other
  policies are unpredictable and where there is pressure
  to re-negotiate established investment agreements will
  be less attractive to investors than locations where
  policies are stable and predictable and where
  investment agreements, once established, are
  honoured in full.
Impact of proposed new mineral law on exploration
companies is very negative

 Relevant law article to the mining projects

  Types of mining companies                                  Summary of law implication



                                               •   Higher ownership requirement (up to 75% vs up to 50%)
                                               •   Impractical requirement for local involvement (at 60%
    Big mining projects: OT,                       procurement, mandatory cooperation agreement with the
                                                   community in prospecting and exploration)
           TT, EMC
                                               •   Prohibition of high grading (required to extract entire ore
                                                   without regard to the commercial value)
                                               •   Reduced financial incentive for investment (stabilization
       Medium and small                            agreement is only available to strategic deposits, upfront closure
                                                   cost payment tying up the capital investment)
           projects                            •   Reduced security of tenure (if the stabilization agreement ceases
                                                   to comply with the interest of Mongolia, reopens the agreement
                                                   and the equity is transferred to Mongolia free of charge)


                                               •   Prohibitive minimum exploration expenditure requirements
     Exploration companies                         (US$100k)
                                               •   Lack of transparency in the licensing process (Where a tender is
                                                   rejected or blocked, it locks up potentially prospective ground for
                                                   up to 4 years)
Despite potential future mining growth implementation of
the proposed mineral law and any failure to honour
existing investment agreements would restrict investment

   Likely implication of the draft mineral law on mining companies



                                        Impact                                            Implication

    1                                                                         •   Decreased FDI (no investment on
        Large mining        •   Higher ownership requirement                      underground at OT and West Tsankhi
        projects (OT, TT,   •   Impractical requirement for local                 at TT)
        EMC)                    involvement                                   •   More bureaucracy
                                                                              •   Costly operation

    2                                                                         •   Sharp decrease in FDI in domestic
                            •   Prohibition on high grading                       companies listed abroad (no growth in
        Medium and
                            •   Reduced financial incentive for investment        production)
        small projects
                            •   Reduced security of tenure                    •   No additional investment in domestic
                                                                                  companies (no growth in production)
                                                                              •   New projects will not be launched
    3
        Exploration         •   Prohibitive minimum exploration expenditure   •   No additional exploration
        companies               requirements                                  •   Potential expropriation of a number
                            •   Lack of transparency in the license process       of existing small to medium size
                                                                                  companies
Methodology and
assumptions used in the
economic assessment of
the new mineral law
MINCGEMv2: A dynamic general equilibrium model with
   detailed sectoral, national and government accounts


            Methodology of the economic analysis of proposed new mineral law

               Database: GTAP8 database                  Methodology: Dynamic CGE
                                                         Highest Impact:2020                            XXX: 2025
                           (MINCGEMv2)                         (Computable General                     Key features
                                                                   Equilibrium)
              1 GTAP v8 database with a base             1 Dynamic multi-region, multi-        CGE models ensure that the most
                 year of 2007 and covers 129               sector CGE model developed by
                                                           BAEconomics                         important economic identities
                 countries/regions across the                                                  and    constraints   (extremely
                 world and 57 commodity groups           2 Capable of simulating economic      important for simulating long-
                                                                                               term scenarios):
                                                           scenarios over a long time
              2 The MINCGEMv2 expands the                  horizon. Each time step is one      •  GDP      measured   by    the
                 GTAP commodity groups to 71               year                                   expenditure approach and the
                 and was aggregated into 10                                                       income approach;
                 economies (Mongolia, China,             3 Demand for commodities in the
                                                                                               • Supply of capital, labour and
                 Russia, India and others*) and 20         model is determined by the             natural resources;
                 commodities                               social accounting matrices of the   • Market clearance of individual
                      Mining (thermal coal, met coal,     modeling regions, the prevailing        markets;
                       copper, gold, oil, gas, coke,       economic conditions and policy
                                                           CGE models are structured on        • The relationship between the
                       petroleum and other minerals)       settings
                                                           the basics of supply and demand.        current account and the
                      Agriculture (crops, livestock,      Each sector of the economy is           capital account;
                                                         4 linked by supply structured on
                                                           CGE models are and use of           • The relationship between
                       fishing and forestry)
                                                           factors and intermediatedemand.
                                                           the basics of supply and inputs.        government expenditure and
                      Manufacture (Processed Food,        Each sector of the economy is           taxes;
                       Copper refining and                 linked by supply and use of         are respected during each
                       manufacturing, other                CGE models account for the
                                                           factors and intermediate inputs.
                       manufacturing)                                                          simulation time step.
                                                           industrial     flow-on    effects
                                                         5 CGE models account for the          CGE models contain detailed
                      Electricity                         triggered by shocks in other
                                                           parts of the flow-on and the
                                                           industrial     economy effects      industry cost structure and
                      Transport                                                               bilateral trade information in their
                                                           economic feedback effectsother
                                                           triggered by shocks in that
                                                                                               databases such that substitution
                      Construction
                                                           are of the economy and the
                                                           parts neglected       in   many     between       commodities       and
                      Public Administration, Defense,     government policy analyses that
                                                           economic feedback effects           competition between economies
                       Health and Education                are     neglected     in   many     can be modelled explicitly
                      Other services                      government policy analyses

              CGE models have several features making them the most appropriate tool for policy and scenario analysis
*see detail in appendix
RunDynam software: for recursive dynamic models
Two scenarios were developed under the MINCGEM framework
to assess the macroeconomic implications of the new mining
law and instability in the investment environment


     Assumptions in the alternative scenarios

                                                                                     New mineral law and
                                Existing mineral                                      policy uncertainty
                                 law scenario                                              scenario
 1
                      •   All the existing mining projects will be         •   The current mining projects will be
     Mining               operated including the projects of                   operated* but new exploration projects will
     production           exploration companies                                be severely affected

 2
                      •   Commodity prices are based on                    •   Commodity prices are based on
     Mining               consensus prices and discounted to                   consensus prices and discounted to
     prices               Mongolian border price                               Mongolian border price

                      •   Additional FDI investment in the mining sector   •   Determined endogenously by an
 3
                      •   Thermal coal -       US$1.4 billion                  alternative sectoral growth pathway
     Mining FDI
     (exploration
                      •   Metallurgical coal - US$1.2 billion                  with lower FDI investment in the
     & expansion)     •   Copper -             US$8.7 billion                  mining sector


 4                    •   Endogenously determined with the inclusions of   •   Determined endogenously by an
                          additional infrastructure projects                   alternative sectoral growth pathway
     Infrastructure   •   Coal washing plant:                                  with lower FDI investment in and lower
     projects
                            • ETT and MMC                                      demand for infrastructure projects
                      •   Power plant:
                            • Tavan Tolgoi and Chandgana
                                                                                 * - Oyu tolgoi will only operate open-pit mining
                                                                                 ** - Tavan tolgoi will only operate East Tsankhii
Production from the mining sector is projected to be
    severely affected under the new mineral law and policy
    uncertainty

          Assumptions : Mining production volume (coal and copper as main commodities)
                                                                      New mineral law and policy
                  Existing mineral law scenario                           uncertainty scenario
            Coal*                                                          Coal*
                  200                                                        200
            Mt                                                             Mt
                  150                                                           150

                  100                                                        100

                   50                                                           50

                    0                                                            0
                        2005     2010    2015   2020    2025   2030                   2005   2010   2015   2020   2025   2030

            Paid Copper                                                     Paid Copper
                  1.2                                                           1.2
            Mt                                                             Mt
                  1.0                                                           1.0

                  0.8                                                           0.8

                  0.6                                                           0.6

                  0.4                                                           0.4

                  0.2                                                           0.2
*included HCC,
                  0.0                                                           0.0
SSCC, thermal
coal and washed         2005      2010   2015   2020    2025   2030                   2005   2010   2015   2020   2025   2030
coking coal,                   Bef0re 2011 Mongolia’s thermal coal was mainly used in domestic consumption (power and heating).
                                                  Thermal coal exports began at the end of 2012 (November).
Price assumptions are based on latest consensus
prices from economists around the world


   Assumptions : consensus prices (2013 real prices)

    Thermal coal                                                     Coking coal
                                                                           120
            80                                                    US$/t
  US$/t
            70                                                             100
            60
                                                                            80
            50
            40                                                              60

            30                                                              40
            20
                                                                            20
            10
             0                                                               0
              2012 2014 2016 2018 2020 2022 2024 2026 2028 2030                   2012 2014 2016 2018 2020 2022 2024 2026 2028 2030
    Copper                                                                Gold
           400                                                           1,800
  USc/lb                                                          US$/oz 1,600
           350
           300                                                            1,400
                                                                          1,200
           250
                                                                          1,000
           200
                                                                            800
           150                                                              600
           100                                                              400
            50                                                              200
             0                                                                0
              2012 2014 2016 2018 2020 2022 2024 2026 2028 2030                2012 2014 2016 2018 2020 2022 2024 2026 2028 2030


                                     Coal price is discounted to Mongolian border price in the model
Modeling results
Mongolian economic growth would be 4 percentage
 points a year lower on average over two decades under
 the proposed new mineral law and policy uncertainty

        New Mineral law impact on the GDP

      Real GDP (MNT trillion, 2013 price)                                              Average annual real GDP growth (%)
         120                                                                               14
                        Existing mineral law scenario                                                                         Existing mineral law scenario
                                                                                                  12.4
                        New mineral law scenario                                                                              New mineral law scenario
         100                                                                               12

                                                                                                                                        9.8
                                                                                           10
          80

                                                                                           8                 7.6
          60                                                                                                                                       6.7

                                                                                           6

          40
                                                                                           4

           20
                                                                                           2


            0                                                                              0
             2012 2014 2016 2018 2020 2022 2024 2026 2028 2030                                      2013-2020                            2021-2030

          Under the new mineral law scenario, average GDP growth (2013-2030) would be 4 percentage points lower (7% vs 11%)
           compared to what it would be under the existing mineral law. This translates to a MNT 358 trillion (in 2013 price) loss
                                  over the period 2013-2030 which is 23 times greater than GDP in 2012

^Domestic suppliers, employees and government’s import purchase based on revenue from OT
                                                                                                 БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК         20
                                                                                                         COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
Mongolian GDP per person growth would be 4
percentage points a year lower over two decades under
the proposed new mineral law and policy uncertainty

        New Mineral law impact on the GDP per capita

      Real GDP per person (MNT million, 2013 price)                                    Average annual real GDP per person growth
           35                                                                          (%)
                                                                                        14
                        Existing mineral law scenario                                                                         Existing mineral law scenario
                        New mineral law scenario                                                                              New mineral law scenario
           30                                                                              12

                                                                                                  10.1
           25                                                                              10
                                                                                                                                        8.7
           20                                                                              8

                                                                                                             6.1
           15                                                                              6                                                      5.7


           10                                                                              4


            5                                                                              2


            0                                                                              0
             2012 2014 2016 2018 2020 2022 2024 2026 2028 2030                                     2013-2020                             2021-2030

           Under the new mineral law and policy uncertainty scenario, average GDP growth (2013-2030) would be 4 percentage
           points lower (6% vs 10%) compared to what it would be under the existing mineral law. This translates to a MNT 106
                      million (in 2013 price) loss in 2013-2030 which is 19 times greater than GDP per person in 2012

^Domestic suppliers, employees and government’s import purchase based on revenue from OT
                                                                                                 БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК         21
                                                                                                         COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
All production sectors would experience significant
growth under the existing mineral law despite the
competition for labour and capital from the mining sector
                                                                                                                        Domestic Sectors

   GDP by sectors (MNT trillion, 2013 price)
                                                                                        New mineral law and policy uncertainty
                                                                  120                                 scenario
                        Existing mineral law scenario
                                                                               Agriculture         Mining
   120
                Agriculture       Mining                                       Manufacturing       Transport
                Manufacturing     Transport                       100          Services
   100          Services

                                                                   80
   80


                                                                   60
   60



   40                                                              40



   20                                                              20



    0                                                               0
         2013    2015   2017    2019 2021 2023 2025 2027 2029           2013     2015     2017   2019 2021 2023 2025 2027 2029


    The size of the mining sector would at least 50% smaller under the scenario with the new mineral law and policy uncertainty.
     The size of the other production sectors would also be significantly smaller. The positive effects generated by the mining
                                    sector is far greater than the potential ‘Dutch disease’ effect.
                                                                                БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК        22
                                                                                        COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
The proposed new mining law would have significant
impacts on international trade

                                                                                                                        External Sectors

    Impact on international trade (MNT trillion, 2013 price)

    Impact on exports                                              Impact on imports
      35                                                            35
                    New mineral law                                            New mineral law
                    scenario                                                   scenario
     30             Existing mineral                                30         Existing mineral
                    law scenario                                               law scenario

     25                                                             25


     20                                                             20


      15                                                            15


     10                                                             10


       5                                                             5


       0                                                             0
           2012 2014 2016 2018 2020 2022 2024 2026 2028 2030             2012 2014 2016 2018 2020 2022 2024 2026 2028 2030

      By 2020, the total exports would exceed 12 trillion MNT (in today’s prices) under the existing mineral law. This is about
           threefold what it would be under the new mineral law and policy uncertainty. Strong economic growth and
        appreciation in the real exchange rate under the existing mineral law increases the purchasing power of domestic
                                  households and thus increases the demand for imported goods.
  ^only goods import (not included service import)                             БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК        23
                                                                                       COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
New mining law and policy uncertainty weakens the
domestic exchange rate of Mongolia in the short run and
reduces the purchasing power of domestic households
                                                                                                                                           External Sectors

    Impact on terms of trade and exchange rate (index, 2012=1)

    Impact on terms of trade                                                         Impact on exchange rate
    2.0                                                                              2.0

    1.8                                                                              1.8

    1.6                                                                              1.6




                                                                                                                                                                     MNT depreciation
    1.4                                                                              1.4

    1.2                                                                              1.2

    1.0                                                                              1.0

    0.8                                                                              0.8

    0.6                                                                              0.6

    0.4                                                                              0.4
                                                     New mineral law scenario                                                  Existing mineral law scenario
    0.2                                                                              0.2
                                                     Existing mineral law scenario                                             New mineral law scenario
    0.0                                                                              0.0
       2012    2014    2016    2018    2020 2022 2024 2026 2028               2030      2012   2014   2016   2018    2020 2022 2024 2026 2028                 2030

      Strong export growth, coupled with steady increases in commodity prices before 2020, triggers a rise in the terms of
    trade under the existing mineral law scenario. Rising terms of trade is strongly connected to the appreciation of the real
        exchange rate before 2020. Rising terms of trade increase the purchasing power of domestic households and the
                                                     welfare of consumers.
  ^only goods import (not included service import)                                                БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК          24
                                                                                                          COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
New mining law and policy uncertainty hurts private
consumption and reduces real wages (purchasing power)

                                                                                                                                             Households

    Impact on real consumption and real wages (index, 2012=1)

    Impact on real wages                                                             Impact on real consumption
    5.0                                                                              5.0

    4.5                                                                              4.5

    4.0                                                                              4.0

    3.5                                                                              3.5

    3.0                                                                              3.0

    2.5                                                                              2.5

    2.0                                                                              2.0

    1.5                                              New mineral law scenario        1.5                                          New mineral law scenario
                                                     Existing mineral law scenario                                                Existing mineral law scenario
    1.0                                                                              1.0
       2012    2014    2016    2018    2020 2022 2024 2026 2028               2030      2012   2014   2016   2018    2020 2022 2024 2026 2028                2030


     By 2020, real consumption private household consumption under the existing mineral law scenario is 36% higher than
     that under the new mineral law scenario. Fast labour productivity growth, driven by technology transfer from foreign
     companies and ‘learning-by-doing’ under the existing mineral law scenario is the main driver of real wage increase. By
     2020, average real wages under the existing mineral law are about 33% high than under the new mineral law scenario.
  ^only goods import (not included service import)                                               БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК         25
                                                                                                         COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
The proposed new mining law and policy uncertainty
would weaken the government’s financial position and its
capability to raise debt in the international market
                                                                                                                                 Government

    Impact on state budget (MNT trillion, 2013 price)
                                                                           Total tax revenue
   Tax revenue from mining
   5.0                                                                     30

   4.5
                                                                           25
   4.0

   3.5
                                                                           20
   3.0

   2.5                                                                     15

   2.0
                                                                           10
   1.5

   1.0
                                                                            5
                                           New mineral law scenario                                                   New mineral law scenario
   0.5
                                           Existing mineral law scenario                                              Existing mineral law scenario
   0.0                                                                      0
      2012   2014   2016   2018   2020 2022 2024 2026 2028          2030     2012   2014   2016   2018   2020    2022    2024    2026    2028     2030

       Under the new mining law, the government will receive considerably less tax from the mining sector and from other
    parts of the economy. Over the projection period from 2013-2030, the government will receive 37 trillion MNT (in today’s
         prices) less from the mining sector and 110 trillion MNT (in today’s prices) from the whole economy under the new
       mining law with policy uncertainty, in comparison with the existing mineral law scenario. Note that dividends from
                                                mining projects have not been included in these figures.
  ^only goods import (not included service import)                                      БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК 26
                                                                                              COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
Chinggis bond repayments in 2017 and 2022 would be
threatened by total revenue loss under the new mining
law implementation under policy uncertainty
                                                                                                                                          Government

    Impact on state budget (MNT trillion, 2013 price)

   Total tax revenue loss under the new mineral law and policy uncertainty scenario
           0


          -2


          -4                 US$1.5 billion

          -6                                                      US$13.5 billion

          -8


         -10                                  *Period of 5yr Chinggis bond      ^Period of 10yr Chinggis
                                                payment (US$0.5 billion)      bond payment (US$1 billion)

         -12


         -14
                2012 2013 2014 2015 2016 2017* 2018 2019 2020 2021 2022^ 2023 2024 2025 2026 2027 2028 2029 2030


       GoM raised US$1.5 billion in bonds from the international market in 2012 for the economic development of Mongolia.
       If we assume there will not be any budget expenditure change (decrease based on revenue decrease), budget deficit
           will be US$1.5 billion more than otherwise by 2017 and US$13.5 billion more than otherwise by 2022 under the
                           proposed new mineral law implementation and policyЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК
                                                                              БҮХ
                                                                                  uncertainty in Mongolia                     27
  ^only goods import (not included service import)
                                                                                                       COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
The negative impacts of the proposed new mineral law
and policy uncertainty on Mongolia are significant

                   Conclusions
                   Under the new mining law and policy uncertainty:
                    •Average GDP growth over the projection period (2013-30) will be 4 percentage points lower
                    (7% vs 11%) compared to what it otherwise would have been under the existing mineral law.

                    •Under the proposed mineral law all sectors of the economy would be significantly smaller
       Economic     than they would be under the existing mineral law. Strong growth in the minerals sector has
        Sectors     significant positive spillover effects on other sectors of the economy.

                    •From 2020 to 2030, total exports will be around 60% lower than what they otherwise would
                    have been under the existing mineral law. Total imports and Mongolian trading firms will
 Households         suffer a similar fate.

                    •By 2030, real private household consumption would be around 30% lower under the
                    proposed law with policy uncertainty. Average real wages would be around 35% lower than
      Government
                    otherwise.

                    •Lower labour productivity growth is driven by fewer opportunities for Mongolians to learn
                    the latest technology from world leading companies. Technology transfer and ‘learning-by-
                    doing’ are the two key factors driving the economic success in East Asian countries.

                    •Over the projection period from 2013-2030, the government would receive 37 trillion MNT (in
                    today’s prices) less in taxes from the mining sector and 110 trillion MNT (in today’s prices)
                    from the whole economy, in comparison with the existing mineral law scenario thus poising a
                    significant threat to the budget and the government’s ability to implement its programs.
                                                                  БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК 28
                                                                        COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
Appendix
The Mongolian economy has grown significantly since
        the GFC based on mining and service sector output
                                                                                                                                                                            Domestic Sectors

             Mining sector impact on GDP

               Real GDP (MNT trillion, 2010 prices)                                                          Real GDP growth (%, y-o-y)
             12                                                                                              20
                              Agriculture            Mining                                                                                                                                       China
                              Manufacturing          Construction                                                                                                                                 downturn
             10               Transport              Service                                                                                                                       17.5           impact
                                                                                                             15
                              Net tax*

              8
                                                                                                                                                           Coal
                                                                                                                                                                                                     12.3
                                                                                                 4.0                         10.2
                                                                                                                                                           growth
                                                                                                             10
                                                                                   3.5                                              8.8
              6                        2.8           2.8            3.0
                        2.4                                                                                                                       GFC                   6.4
                                                                                                               5
              4


                                                      1.8                                        2.2           0
              2         1.8            1.7                          1.9            2.1
                                                                                                                                                         -1.2


              0                                                                                               -5
                       2007           2008          2009           2010           2011          2012                   2007           2008          2009           2010          2011           2012
              Before 2010, Erdenet was the main contributor to the mining sector. Since 2010, coal sales have increased significantly based
                 on exports from MAK Chinhua, SGS Ovoot Tolgoi, Mini TT, ETT (East Tsankhi) and Ukhaa Khudag. Mining sector’s impact
                          on service^, construction^^ and external sector^^^ is high. As the result net tax increased significantly
*Net tax included VAT, excise tax from vodka & tobacco and taxes on foreign trade
^Directly: most of mining sector’s suppliers in service sector. Indirectly: most of consumption is contributed to service sector (whole and retail trade mostly) based on money inflow from abroad (mining export
revenue and investment to mining)
^^Infrastructure development based on mining
                                                                                                                                   БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК                 30
                                                                                                                                            COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
^^^Mining export contributed around 90% of export and mining equipment and trucks import’ share is high in total import of Mongolia
Although the mining sector is the main contributor to export revenue,
    import purchases by this sector are high due to the lack of domestic
    companies that produce final goods such as fuel, electricity and other
    machinery and equipment
                                                                                                                                                                       External Sectors

             Mining sector impact on external sector

              Exports (US$ billion)                                                                          Imports (US$ billion)
              6                                                                                              8
                        Copper                       Met coal                                                          Auto vehicles and their spare parts
                        Gold                         Crude oil                                                         Machinery and equipments
                                                                                           China             7         Diesel and petroluem
                        Other mining                 Non mining exports
              5                                                                            downturn
                                                                                                                       Other imports
                                                                                           impact***
                                                                                                             6

              4                                            Coal
                                                           growth**                                          5


              3                                                                                              4

                                                  GFC*
                                                                                                             3
              2

                                                                                                             2

              1
                                                                                                             1


              0                                                                                              0
                       2007          2008          2009           2010          2011          2012                   2007          2008           2009          2010     2011     2012
            The mining sector contributes the dominant share of total exports. About 80 per cent of mineral exports is made up of coal,
             copper and gold. Mining related imports (mostly trucks, mining equipment, electricity, fuel) have increased significantly in
                                       the past few years as the number of new mining projects grew quickly.
*Copper price declined by 70% after reaching a peak in July 2008 at the height of the global commodity boom
**New big coal mining projects and coal price structural change in 2011 (Before structural change (2010) Border average price is US$50/t , After it US$100/t)
***Coal border price declined by 15%, Copper border price declined by 13% relative to 2011
Although the mining sector is not a labour intensive
       sector, impact on average wages is high

                                                                                                                                                                                    Households

              Mining sector impact on households

               Number of employees (million persons)                                                          Monthly average wage (MNT million)
                                                                                                              1.0
                        Agriculture             Mining                 Manufacturing                                       Agriculture             Mining                 Manufacturing
            1.4
                        Construction            Trade                  Transport                              0.9          Construction            Transport              Service*
                        Otherservice
            1.2                                                                                               0.8

                                                                                                              0.7
            1.0
                                                                                                              0.6
            0.8
                                                                                                              0.5

            0.6                                                                                               0.4

                                                                                                              0.3
            0.4
                                                                                                              0.2
            0.2
                                                                                                              0.1

            0.0                                                                                               0.0
                       2007           2008           2009           2010           2011         2012*                    2007          2008           2009           2010           2011   2012


              Average salary in the public service increased by ~60% compared to 2011 (highest growth in education and health sector).
                            Average salary in the mining sector fell in 2012 due to the China downturn impact on coal prices.

**Electricity, whole sale and retail trade, hotels and restaurant, financial and insurance, public administration, education, health , community and personal service and other services
Only mining projects already operating will continue to
    operate and all exploration projects will be closed given the
    new mineral law and policy uncertainty’s impact on FDI


            Assumptions : Mining production value (US$ billion, 2007 prices), by commodity and project type
                                                                                                              New mineral law and policy
1                                       Existing mineral law scenario                                            uncertainty scenario
    Mining                          By commodity type                                             By commodities
    production                   20           Other                                               20           Other
                                 18           Copper                                              18           Copper
                                 16                                                               16
                                              Met coal                                                         Met coal
2                                14                                                               14
                                 12           Thermal coal                                        12           Thermal coal
    Mining                       10                                                               10
    prices                        8                                                                8
                                  6                                                                6
                                  4                                                                4
                                  2                                                                2
                                  0                                                                0
                                       2005           2010      2015         2020   2025   2030        2005       2010         2015    2020   2025   2030

                                    By project type                                               By project type
                                  20                                                              20
                                                Explorations and other                                        Started other projects
                                  18                                                              18
                                                Not started big projects**
                                  16                                                              16          Started big projects*
                                  14            Started other projects                            14
                                  12            Started big projects*                             12
                                  10                                                              10
                                   8                                                               8
                                   6                                                               6
                                   4                                                               4
                                   2                                                               2
*EMC, OT open pit, TT East Tsankhi 0                                                               0
**OT underground, TT West Tsankhi
                                       2005           2010      2015         2020   2025   2030        2005       2010         2015    2020   2025   2030

               Mongolia’s thermal coal was used in domestic consumption (power and heating) only before 2012. Exports of this
                                                   product commenced in November 2012
Summary Findings


Economic Indicators (MNT trillion 2013 prices)


                                           Now:                           By 2020 we expect:
                                           2012         Existing mineral law            New mineral law and policy
                                                              scenario                    uncertainty scenario
Real GDP                                     15.7                 38.9                             28.2

Exports                                      6.0                  21.2                              8.4

Imports                                      9.4                  26.7                              11.2

Real exchange rate                        1.0 (index)          1.1 (index)                      0.7 (index)


Real wage (purchasing power)              1.0 (index)          2.5 (index)                      1.8 (index)

 Tax revenue from mining                      1.1                  4.2                               1.3


Total tax revenue                             4.7                11.7                               8.3


Real GNP                                    14.5                 36.5                               27.1




                                                           БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК        34
                                                                   COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
The world is divided into 10 economies in MINCGEM
Mongolia v2




    1. Mongolia                   6. Russia


                                  7. Rest of Europe
    2. China


                                  8. North America
    3. Japan, Korea and Taiwan


                                  9. South America
    4. India


                                  10. Middle East and Africa
    5. Rest of Asia and Oceania
Each economy is divided into 20 production sectors in
MINCGEM Mongolia v2


    1. Thermal Coal               11. Livestock


    2. Coking Coal                12. Fishing and Forestry

    3. Oil                        13. Processed Food

    4. Gas                        14. Copper refining and manufacturing

    5. Copper concentrate         15. Other Manufacturing

    6. Gold                       16. Electricity

    7. Other minerals             17. Transport

    8. Coke                       18. Construction
                                  19. Public Administration, Defense, Health and
    9. Nuclear & petroleum fuel
                                  Education
    10. Crops                     20. Services
Summary description of new mining law implications




  •   HIGHER OWNERSHIP REQUIREMENT_ (1) 75%, 51% or 34% of the shared capital of the company holding a Mining
      Licence, must be a Mongolian Citizen
  •   IMPRACTICAL REQUIREMENT FOR LOCAL INVOLVEMENT_ (1) 60% local procurement required – unable to be
      supported by existing market; (2)Community cooperation agreements required for prospecting and exploration
      tenements
  •   PROHIBITION OF HIGH GRADE MINING _(1) If companies are required to mine the entire reserve without regard to the
      commercial value of the extracted mineral it will act as a deterrent to investment in the industry. The definition should include
      an economic/commercial cutoff.
  •   REDUCED FINANCIAL INCENTIVE FOR INVESTMENT_ (1) The new legislation provides for DDAs to be negotiated for
      strategic deposits only; (2) Upfront payment of closure costs - requires a deposit of a huge sum of the money tying up capital
      for the life of the project; (3) Royalty structure (separate piece of legislature)
  •   REDUCED SECURITY OF TENURE_ (1)Minerals of strategic importance/percentage of state equity/equity obtained free of
      charge (An investor may incur significant costs in exploration and appraisal risk that the GOM will take an unspecified interest
      in the project)
  •   PROHIBITIVE MINIMUM EXPLORATION EXPENDITURE REQUIREMENTS _ (1) prohibitive min expenditure
      (US$ 100K) for all but the most successful projects. Mongolian and international juniors not likely to be able to meet min
      spend requirements.
  •   LACK OF TRANSPARENCY IN THE LICENSE PROCESS_ (1) tender process – prone to corruption. Ability to increase
      royalties; may be tendency to place this above other criteria such as capacity and experience. Where a tender is rejected
      or blocked, it locks up potentially prospective ground for up to 4 years.

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Fisher eng

  • 1. Economic assessment of the impact of Mongolia’s foreign investment environment and the proposed new mineral law Dr Brian Fisher Presentation to the Business Council of Mongolia, 18 March, Kempinski Hotel, Ulaanbaatar
  • 2. Economic assessment of the impact of Mongolia’s proposed new mineral law Purpose and contents of the analysis Purpose of the analysis: The analysis seeks to estimate the total impact (direct and indirect) of proposed new mineral law implementation on the Mongolian economy (domestic and external sectors, households and government) Contents: • Role of the mining sector in the Mongolian economy 1 • Proposed new mineral law 2 • Methodology and assumptions used in the analysis 3 • Implications of the proposed new mineral law on the economy (model insights) 4 • Conclusions 5
  • 3. The contribution of mining to the Mongolian economy
  • 4. The mining sector became Mongolia’s export engine of growth after the GFC Mining sector impact on GDP and exports Nominal GDP Exports 16 6 MNT t Mining sector Non-mining sector Mining Exports Other exports US$ b 14 5 12 4 10 8 3 6 2 4 1 2 0 0 2009 2010 2011 2012 2009 2010 2011 2012 On average, the mining sector contributed around a quarter of national GDP over the past four years. After OT and TT reach full capacity, the mining sector will make further significant contributions to the domestic economy. The GDP share has not fully reflected the importance of the mining sector in recent years. From 2011, the mining sector has contributed more than 90% of total exports. Coal, copper and gold make up about 80% of mineral exports.
  • 5. The growing demand for mining commodities and a favourable business environment in the past have attracted foreign direct investment into Mongolia Mining sector impact on investment Foreign direct investment Major foreign investment in the mining sector 5.0 4 US$ b Mining FDI Non-mining FDI US$ b MMC's IPO and Bond OT CAPEX 4.5 MAK loan from EBRD 3 4.0 3.5 3 3.0 2 2.5 2 2.0 1.5 1 1.0 1 0.5 0.0 0 2009 2010 2011 2012 2010 2011 2012 Of the total FDI inflow, US$8.6 billion or approximately 81 per cent has been injected into the mining sector in Mongolia in the past four years. Of this percentage, OT alone has invested US$6.2 billion of CAPEX in its first phase. In 2012 the Mongolian Mining Corporation (MMC), which owns one of the largest coking coal mines, Ukhaa Khudag, planned for its capital expenditure on infrastructure to rise by approximately US$1.3 billion.
  • 6. Income from the growing mining sector is a vital source of finance for the Mongolian government Mining sector impact on government revenue Key taxes that apply to mining in Mongolia Budget revenue (MNT trillion) 6 Income Tax Revenue from sources other than mining (10%-25%) Export Revenue from mining (including prepayment) Duties VAT 5 (none) Import Withholdin 4 Duties g Tax (5%) (20%*) Mining Tax 3 System Tax Holiday Depreciation (none) (Mainly 10 years) 2 Progressive Royalties 1 Royalty (5%) 37% Loss Carry (0%-15%) Forward 31% 23% 35% 27% (4-8 years) 25% 0 *Subject to double taxation treaties 2007 2008 2009 2010 2011 2012 The government’s reliance on mining sector income has grown higher in recent years via both tax and non-tax income collection. In the past four years the government earned MNT 4.2 trillion in tax income and MNT 0.75 trillion of prepayment from the mining sector. Not only is direct tax income from the mining sector important, tax income from mining service companies is also growing significantly. For example, a total of MNT 283.9 billion has been paid to local suppliers from Oyu Tolgoi LLC in the past three years.
  • 7. If the business environment is favourable a number of mining companies are expected to commission operations in the near future Strategic Resource Classification Number of projects 40 9 NEW PROJECTS 35 30 25 20 15 10 5 0 2000 2008 2010 2011 2012 2013 2014 2015 copper coal gold iron ore In the coming three years mining companies may implement nine new projects if business conditions are favourable. Coal projects are likely to constitute the majority of new projects. It is estimated that the total investment in these new mining projects could be US$6.3 billion by 2015.
  • 9. The Mineral law is the main regulation affecting the mining sector but there are many other laws that have an impact on mining Legislation relevant to mining projects General Law on Law on Land Environment Subsoil Protection Law on Public Admin Land Law Explosives Law Mining Law on Nuclear Health and Protected Mineral Law Energy Law Equipment Areas Certification Competition Corporate Labour Law Law Law Foreign Law on Law on Land Investment Taxation Fees Law Foreign Long Named Water Law Labour Force Environment Laws^ Law* ^Sending Labor Force Abroad and Receiving Labor Force and Specialists from Abroad *Law to Prohibit Mineral Exploration and Mining Operations at the Headwaters of Rivers, Protected Zones of Water Reservoirs and Forested Areas
  • 10. Foreign investment environment needs to be stable in order to continue to attract foreign capital • The attractiveness of a country to foreign direct investors is dependent on the domestic investment environment, the stability of the policy regimes in place and the effective tax rates imposed compared with alternative investment destinations. • An uncertain environment where tax rates and other policies are unpredictable and where there is pressure to re-negotiate established investment agreements will be less attractive to investors than locations where policies are stable and predictable and where investment agreements, once established, are honoured in full.
  • 11. Impact of proposed new mineral law on exploration companies is very negative Relevant law article to the mining projects Types of mining companies Summary of law implication • Higher ownership requirement (up to 75% vs up to 50%) • Impractical requirement for local involvement (at 60% Big mining projects: OT, procurement, mandatory cooperation agreement with the community in prospecting and exploration) TT, EMC • Prohibition of high grading (required to extract entire ore without regard to the commercial value) • Reduced financial incentive for investment (stabilization Medium and small agreement is only available to strategic deposits, upfront closure cost payment tying up the capital investment) projects • Reduced security of tenure (if the stabilization agreement ceases to comply with the interest of Mongolia, reopens the agreement and the equity is transferred to Mongolia free of charge) • Prohibitive minimum exploration expenditure requirements Exploration companies (US$100k) • Lack of transparency in the licensing process (Where a tender is rejected or blocked, it locks up potentially prospective ground for up to 4 years)
  • 12. Despite potential future mining growth implementation of the proposed mineral law and any failure to honour existing investment agreements would restrict investment Likely implication of the draft mineral law on mining companies Impact Implication 1 • Decreased FDI (no investment on Large mining • Higher ownership requirement underground at OT and West Tsankhi projects (OT, TT, • Impractical requirement for local at TT) EMC) involvement • More bureaucracy • Costly operation 2 • Sharp decrease in FDI in domestic • Prohibition on high grading companies listed abroad (no growth in Medium and • Reduced financial incentive for investment production) small projects • Reduced security of tenure • No additional investment in domestic companies (no growth in production) • New projects will not be launched 3 Exploration • Prohibitive minimum exploration expenditure • No additional exploration companies requirements • Potential expropriation of a number • Lack of transparency in the license process of existing small to medium size companies
  • 13. Methodology and assumptions used in the economic assessment of the new mineral law
  • 14. MINCGEMv2: A dynamic general equilibrium model with detailed sectoral, national and government accounts Methodology of the economic analysis of proposed new mineral law Database: GTAP8 database Methodology: Dynamic CGE Highest Impact:2020 XXX: 2025 (MINCGEMv2) (Computable General Key features Equilibrium) 1 GTAP v8 database with a base 1 Dynamic multi-region, multi- CGE models ensure that the most year of 2007 and covers 129 sector CGE model developed by BAEconomics important economic identities countries/regions across the and constraints (extremely world and 57 commodity groups 2 Capable of simulating economic important for simulating long- term scenarios): scenarios over a long time 2 The MINCGEMv2 expands the horizon. Each time step is one • GDP measured by the GTAP commodity groups to 71 year expenditure approach and the and was aggregated into 10 income approach; economies (Mongolia, China, 3 Demand for commodities in the • Supply of capital, labour and Russia, India and others*) and 20 model is determined by the natural resources; commodities social accounting matrices of the • Market clearance of individual  Mining (thermal coal, met coal, modeling regions, the prevailing markets; copper, gold, oil, gas, coke, economic conditions and policy CGE models are structured on • The relationship between the petroleum and other minerals) settings the basics of supply and demand. current account and the  Agriculture (crops, livestock, Each sector of the economy is capital account; 4 linked by supply structured on CGE models are and use of • The relationship between fishing and forestry) factors and intermediatedemand. the basics of supply and inputs. government expenditure and  Manufacture (Processed Food, Each sector of the economy is taxes; Copper refining and linked by supply and use of are respected during each manufacturing, other CGE models account for the factors and intermediate inputs. manufacturing) simulation time step. industrial flow-on effects 5 CGE models account for the CGE models contain detailed  Electricity triggered by shocks in other parts of the flow-on and the industrial economy effects industry cost structure and  Transport bilateral trade information in their economic feedback effectsother triggered by shocks in that databases such that substitution  Construction are of the economy and the parts neglected in many between commodities and  Public Administration, Defense, government policy analyses that economic feedback effects competition between economies Health and Education are neglected in many can be modelled explicitly  Other services government policy analyses CGE models have several features making them the most appropriate tool for policy and scenario analysis *see detail in appendix
  • 15. RunDynam software: for recursive dynamic models
  • 16. Two scenarios were developed under the MINCGEM framework to assess the macroeconomic implications of the new mining law and instability in the investment environment Assumptions in the alternative scenarios New mineral law and Existing mineral policy uncertainty law scenario scenario 1 • All the existing mining projects will be • The current mining projects will be Mining operated including the projects of operated* but new exploration projects will production exploration companies be severely affected 2 • Commodity prices are based on • Commodity prices are based on Mining consensus prices and discounted to consensus prices and discounted to prices Mongolian border price Mongolian border price • Additional FDI investment in the mining sector • Determined endogenously by an 3 • Thermal coal - US$1.4 billion alternative sectoral growth pathway Mining FDI (exploration • Metallurgical coal - US$1.2 billion with lower FDI investment in the & expansion) • Copper - US$8.7 billion mining sector 4 • Endogenously determined with the inclusions of • Determined endogenously by an additional infrastructure projects alternative sectoral growth pathway Infrastructure • Coal washing plant: with lower FDI investment in and lower projects • ETT and MMC demand for infrastructure projects • Power plant: • Tavan Tolgoi and Chandgana * - Oyu tolgoi will only operate open-pit mining ** - Tavan tolgoi will only operate East Tsankhii
  • 17. Production from the mining sector is projected to be severely affected under the new mineral law and policy uncertainty Assumptions : Mining production volume (coal and copper as main commodities) New mineral law and policy Existing mineral law scenario uncertainty scenario Coal* Coal* 200 200 Mt Mt 150 150 100 100 50 50 0 0 2005 2010 2015 2020 2025 2030 2005 2010 2015 2020 2025 2030 Paid Copper Paid Copper 1.2 1.2 Mt Mt 1.0 1.0 0.8 0.8 0.6 0.6 0.4 0.4 0.2 0.2 *included HCC, 0.0 0.0 SSCC, thermal coal and washed 2005 2010 2015 2020 2025 2030 2005 2010 2015 2020 2025 2030 coking coal, Bef0re 2011 Mongolia’s thermal coal was mainly used in domestic consumption (power and heating). Thermal coal exports began at the end of 2012 (November).
  • 18. Price assumptions are based on latest consensus prices from economists around the world Assumptions : consensus prices (2013 real prices) Thermal coal Coking coal 120 80 US$/t US$/t 70 100 60 80 50 40 60 30 40 20 20 10 0 0 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 Copper Gold 400 1,800 USc/lb US$/oz 1,600 350 300 1,400 1,200 250 1,000 200 800 150 600 100 400 50 200 0 0 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 Coal price is discounted to Mongolian border price in the model
  • 20. Mongolian economic growth would be 4 percentage points a year lower on average over two decades under the proposed new mineral law and policy uncertainty New Mineral law impact on the GDP Real GDP (MNT trillion, 2013 price) Average annual real GDP growth (%) 120 14 Existing mineral law scenario Existing mineral law scenario 12.4 New mineral law scenario New mineral law scenario 100 12 9.8 10 80 8 7.6 60 6.7 6 40 4 20 2 0 0 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 2013-2020 2021-2030 Under the new mineral law scenario, average GDP growth (2013-2030) would be 4 percentage points lower (7% vs 11%) compared to what it would be under the existing mineral law. This translates to a MNT 358 trillion (in 2013 price) loss over the period 2013-2030 which is 23 times greater than GDP in 2012 ^Domestic suppliers, employees and government’s import purchase based on revenue from OT БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК 20 COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
  • 21. Mongolian GDP per person growth would be 4 percentage points a year lower over two decades under the proposed new mineral law and policy uncertainty New Mineral law impact on the GDP per capita Real GDP per person (MNT million, 2013 price) Average annual real GDP per person growth 35 (%) 14 Existing mineral law scenario Existing mineral law scenario New mineral law scenario New mineral law scenario 30 12 10.1 25 10 8.7 20 8 6.1 15 6 5.7 10 4 5 2 0 0 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 2013-2020 2021-2030 Under the new mineral law and policy uncertainty scenario, average GDP growth (2013-2030) would be 4 percentage points lower (6% vs 10%) compared to what it would be under the existing mineral law. This translates to a MNT 106 million (in 2013 price) loss in 2013-2030 which is 19 times greater than GDP per person in 2012 ^Domestic suppliers, employees and government’s import purchase based on revenue from OT БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК 21 COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
  • 22. All production sectors would experience significant growth under the existing mineral law despite the competition for labour and capital from the mining sector Domestic Sectors GDP by sectors (MNT trillion, 2013 price) New mineral law and policy uncertainty 120 scenario Existing mineral law scenario Agriculture Mining 120 Agriculture Mining Manufacturing Transport Manufacturing Transport 100 Services 100 Services 80 80 60 60 40 40 20 20 0 0 2013 2015 2017 2019 2021 2023 2025 2027 2029 2013 2015 2017 2019 2021 2023 2025 2027 2029 The size of the mining sector would at least 50% smaller under the scenario with the new mineral law and policy uncertainty. The size of the other production sectors would also be significantly smaller. The positive effects generated by the mining sector is far greater than the potential ‘Dutch disease’ effect. БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК 22 COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
  • 23. The proposed new mining law would have significant impacts on international trade External Sectors Impact on international trade (MNT trillion, 2013 price) Impact on exports Impact on imports 35 35 New mineral law New mineral law scenario scenario 30 Existing mineral 30 Existing mineral law scenario law scenario 25 25 20 20 15 15 10 10 5 5 0 0 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 By 2020, the total exports would exceed 12 trillion MNT (in today’s prices) under the existing mineral law. This is about threefold what it would be under the new mineral law and policy uncertainty. Strong economic growth and appreciation in the real exchange rate under the existing mineral law increases the purchasing power of domestic households and thus increases the demand for imported goods. ^only goods import (not included service import) БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК 23 COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
  • 24. New mining law and policy uncertainty weakens the domestic exchange rate of Mongolia in the short run and reduces the purchasing power of domestic households External Sectors Impact on terms of trade and exchange rate (index, 2012=1) Impact on terms of trade Impact on exchange rate 2.0 2.0 1.8 1.8 1.6 1.6 MNT depreciation 1.4 1.4 1.2 1.2 1.0 1.0 0.8 0.8 0.6 0.6 0.4 0.4 New mineral law scenario Existing mineral law scenario 0.2 0.2 Existing mineral law scenario New mineral law scenario 0.0 0.0 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 Strong export growth, coupled with steady increases in commodity prices before 2020, triggers a rise in the terms of trade under the existing mineral law scenario. Rising terms of trade is strongly connected to the appreciation of the real exchange rate before 2020. Rising terms of trade increase the purchasing power of domestic households and the welfare of consumers. ^only goods import (not included service import) БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК 24 COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
  • 25. New mining law and policy uncertainty hurts private consumption and reduces real wages (purchasing power) Households Impact on real consumption and real wages (index, 2012=1) Impact on real wages Impact on real consumption 5.0 5.0 4.5 4.5 4.0 4.0 3.5 3.5 3.0 3.0 2.5 2.5 2.0 2.0 1.5 New mineral law scenario 1.5 New mineral law scenario Existing mineral law scenario Existing mineral law scenario 1.0 1.0 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 By 2020, real consumption private household consumption under the existing mineral law scenario is 36% higher than that under the new mineral law scenario. Fast labour productivity growth, driven by technology transfer from foreign companies and ‘learning-by-doing’ under the existing mineral law scenario is the main driver of real wage increase. By 2020, average real wages under the existing mineral law are about 33% high than under the new mineral law scenario. ^only goods import (not included service import) БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК 25 COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
  • 26. The proposed new mining law and policy uncertainty would weaken the government’s financial position and its capability to raise debt in the international market Government Impact on state budget (MNT trillion, 2013 price) Total tax revenue Tax revenue from mining 5.0 30 4.5 25 4.0 3.5 20 3.0 2.5 15 2.0 10 1.5 1.0 5 New mineral law scenario New mineral law scenario 0.5 Existing mineral law scenario Existing mineral law scenario 0.0 0 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 Under the new mining law, the government will receive considerably less tax from the mining sector and from other parts of the economy. Over the projection period from 2013-2030, the government will receive 37 trillion MNT (in today’s prices) less from the mining sector and 110 trillion MNT (in today’s prices) from the whole economy under the new mining law with policy uncertainty, in comparison with the existing mineral law scenario. Note that dividends from mining projects have not been included in these figures. ^only goods import (not included service import) БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК 26 COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
  • 27. Chinggis bond repayments in 2017 and 2022 would be threatened by total revenue loss under the new mining law implementation under policy uncertainty Government Impact on state budget (MNT trillion, 2013 price) Total tax revenue loss under the new mineral law and policy uncertainty scenario 0 -2 -4 US$1.5 billion -6 US$13.5 billion -8 -10 *Period of 5yr Chinggis bond ^Period of 10yr Chinggis payment (US$0.5 billion) bond payment (US$1 billion) -12 -14 2012 2013 2014 2015 2016 2017* 2018 2019 2020 2021 2022^ 2023 2024 2025 2026 2027 2028 2029 2030 GoM raised US$1.5 billion in bonds from the international market in 2012 for the economic development of Mongolia. If we assume there will not be any budget expenditure change (decrease based on revenue decrease), budget deficit will be US$1.5 billion more than otherwise by 2017 and US$13.5 billion more than otherwise by 2022 under the proposed new mineral law implementation and policyЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК БҮХ uncertainty in Mongolia 27 ^only goods import (not included service import) COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
  • 28. The negative impacts of the proposed new mineral law and policy uncertainty on Mongolia are significant Conclusions Under the new mining law and policy uncertainty: •Average GDP growth over the projection period (2013-30) will be 4 percentage points lower (7% vs 11%) compared to what it otherwise would have been under the existing mineral law. •Under the proposed mineral law all sectors of the economy would be significantly smaller Economic than they would be under the existing mineral law. Strong growth in the minerals sector has Sectors significant positive spillover effects on other sectors of the economy. •From 2020 to 2030, total exports will be around 60% lower than what they otherwise would have been under the existing mineral law. Total imports and Mongolian trading firms will Households suffer a similar fate. •By 2030, real private household consumption would be around 30% lower under the proposed law with policy uncertainty. Average real wages would be around 35% lower than Government otherwise. •Lower labour productivity growth is driven by fewer opportunities for Mongolians to learn the latest technology from world leading companies. Technology transfer and ‘learning-by- doing’ are the two key factors driving the economic success in East Asian countries. •Over the projection period from 2013-2030, the government would receive 37 trillion MNT (in today’s prices) less in taxes from the mining sector and 110 trillion MNT (in today’s prices) from the whole economy, in comparison with the existing mineral law scenario thus poising a significant threat to the budget and the government’s ability to implement its programs. БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК 28 COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
  • 30. The Mongolian economy has grown significantly since the GFC based on mining and service sector output Domestic Sectors Mining sector impact on GDP Real GDP (MNT trillion, 2010 prices) Real GDP growth (%, y-o-y) 12 20 Agriculture Mining China Manufacturing Construction downturn 10 Transport Service 17.5 impact 15 Net tax* 8 Coal 12.3 4.0 10.2 growth 10 3.5 8.8 6 2.8 2.8 3.0 2.4 GFC 6.4 5 4 1.8 2.2 0 2 1.8 1.7 1.9 2.1 -1.2 0 -5 2007 2008 2009 2010 2011 2012 2007 2008 2009 2010 2011 2012 Before 2010, Erdenet was the main contributor to the mining sector. Since 2010, coal sales have increased significantly based on exports from MAK Chinhua, SGS Ovoot Tolgoi, Mini TT, ETT (East Tsankhi) and Ukhaa Khudag. Mining sector’s impact on service^, construction^^ and external sector^^^ is high. As the result net tax increased significantly *Net tax included VAT, excise tax from vodka & tobacco and taxes on foreign trade ^Directly: most of mining sector’s suppliers in service sector. Indirectly: most of consumption is contributed to service sector (whole and retail trade mostly) based on money inflow from abroad (mining export revenue and investment to mining) ^^Infrastructure development based on mining БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК 30 COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED ^^^Mining export contributed around 90% of export and mining equipment and trucks import’ share is high in total import of Mongolia
  • 31. Although the mining sector is the main contributor to export revenue, import purchases by this sector are high due to the lack of domestic companies that produce final goods such as fuel, electricity and other machinery and equipment External Sectors Mining sector impact on external sector Exports (US$ billion) Imports (US$ billion) 6 8 Copper Met coal Auto vehicles and their spare parts Gold Crude oil Machinery and equipments China 7 Diesel and petroluem Other mining Non mining exports 5 downturn Other imports impact*** 6 4 Coal growth** 5 3 4 GFC* 3 2 2 1 1 0 0 2007 2008 2009 2010 2011 2012 2007 2008 2009 2010 2011 2012 The mining sector contributes the dominant share of total exports. About 80 per cent of mineral exports is made up of coal, copper and gold. Mining related imports (mostly trucks, mining equipment, electricity, fuel) have increased significantly in the past few years as the number of new mining projects grew quickly. *Copper price declined by 70% after reaching a peak in July 2008 at the height of the global commodity boom **New big coal mining projects and coal price structural change in 2011 (Before structural change (2010) Border average price is US$50/t , After it US$100/t) ***Coal border price declined by 15%, Copper border price declined by 13% relative to 2011
  • 32. Although the mining sector is not a labour intensive sector, impact on average wages is high Households Mining sector impact on households Number of employees (million persons) Monthly average wage (MNT million) 1.0 Agriculture Mining Manufacturing Agriculture Mining Manufacturing 1.4 Construction Trade Transport 0.9 Construction Transport Service* Otherservice 1.2 0.8 0.7 1.0 0.6 0.8 0.5 0.6 0.4 0.3 0.4 0.2 0.2 0.1 0.0 0.0 2007 2008 2009 2010 2011 2012* 2007 2008 2009 2010 2011 2012 Average salary in the public service increased by ~60% compared to 2011 (highest growth in education and health sector). Average salary in the mining sector fell in 2012 due to the China downturn impact on coal prices. **Electricity, whole sale and retail trade, hotels and restaurant, financial and insurance, public administration, education, health , community and personal service and other services
  • 33. Only mining projects already operating will continue to operate and all exploration projects will be closed given the new mineral law and policy uncertainty’s impact on FDI Assumptions : Mining production value (US$ billion, 2007 prices), by commodity and project type New mineral law and policy 1 Existing mineral law scenario uncertainty scenario Mining By commodity type By commodities production 20 Other 20 Other 18 Copper 18 Copper 16 16 Met coal Met coal 2 14 14 12 Thermal coal 12 Thermal coal Mining 10 10 prices 8 8 6 6 4 4 2 2 0 0 2005 2010 2015 2020 2025 2030 2005 2010 2015 2020 2025 2030 By project type By project type 20 20 Explorations and other Started other projects 18 18 Not started big projects** 16 16 Started big projects* 14 Started other projects 14 12 Started big projects* 12 10 10 8 8 6 6 4 4 2 2 *EMC, OT open pit, TT East Tsankhi 0 0 **OT underground, TT West Tsankhi 2005 2010 2015 2020 2025 2030 2005 2010 2015 2020 2025 2030 Mongolia’s thermal coal was used in domestic consumption (power and heating) only before 2012. Exports of this product commenced in November 2012
  • 34. Summary Findings Economic Indicators (MNT trillion 2013 prices) Now: By 2020 we expect: 2012 Existing mineral law New mineral law and policy scenario uncertainty scenario Real GDP 15.7 38.9 28.2 Exports 6.0 21.2 8.4 Imports 9.4 26.7 11.2 Real exchange rate 1.0 (index) 1.1 (index) 0.7 (index) Real wage (purchasing power) 1.0 (index) 2.5 (index) 1.8 (index) Tax revenue from mining 1.1 4.2 1.3 Total tax revenue 4.7 11.7 8.3 Real GNP 14.5 36.5 27.1 БҮХ ЭРХ ХУУЛИАР ХАМГААЛАГДСАН © 2012, ОЮУ ТОЛГОЙ ХХК 34 COPYRIGHT © 2012 OYU TOLGOI , ALL RIGHTS RESERVED
  • 35. The world is divided into 10 economies in MINCGEM Mongolia v2 1. Mongolia 6. Russia 7. Rest of Europe 2. China 8. North America 3. Japan, Korea and Taiwan 9. South America 4. India 10. Middle East and Africa 5. Rest of Asia and Oceania
  • 36. Each economy is divided into 20 production sectors in MINCGEM Mongolia v2 1. Thermal Coal 11. Livestock 2. Coking Coal 12. Fishing and Forestry 3. Oil 13. Processed Food 4. Gas 14. Copper refining and manufacturing 5. Copper concentrate 15. Other Manufacturing 6. Gold 16. Electricity 7. Other minerals 17. Transport 8. Coke 18. Construction 19. Public Administration, Defense, Health and 9. Nuclear & petroleum fuel Education 10. Crops 20. Services
  • 37. Summary description of new mining law implications • HIGHER OWNERSHIP REQUIREMENT_ (1) 75%, 51% or 34% of the shared capital of the company holding a Mining Licence, must be a Mongolian Citizen • IMPRACTICAL REQUIREMENT FOR LOCAL INVOLVEMENT_ (1) 60% local procurement required – unable to be supported by existing market; (2)Community cooperation agreements required for prospecting and exploration tenements • PROHIBITION OF HIGH GRADE MINING _(1) If companies are required to mine the entire reserve without regard to the commercial value of the extracted mineral it will act as a deterrent to investment in the industry. The definition should include an economic/commercial cutoff. • REDUCED FINANCIAL INCENTIVE FOR INVESTMENT_ (1) The new legislation provides for DDAs to be negotiated for strategic deposits only; (2) Upfront payment of closure costs - requires a deposit of a huge sum of the money tying up capital for the life of the project; (3) Royalty structure (separate piece of legislature) • REDUCED SECURITY OF TENURE_ (1)Minerals of strategic importance/percentage of state equity/equity obtained free of charge (An investor may incur significant costs in exploration and appraisal risk that the GOM will take an unspecified interest in the project) • PROHIBITIVE MINIMUM EXPLORATION EXPENDITURE REQUIREMENTS _ (1) prohibitive min expenditure (US$ 100K) for all but the most successful projects. Mongolian and international juniors not likely to be able to meet min spend requirements. • LACK OF TRANSPARENCY IN THE LICENSE PROCESS_ (1) tender process – prone to corruption. Ability to increase royalties; may be tendency to place this above other criteria such as capacity and experience. Where a tender is rejected or blocked, it locks up potentially prospective ground for up to 4 years.