MineHutte’s international regulatory risk ratings and the underlying analysis are used to support due diligence and effective risk management and mitigation strategies for mineral projects.
The firm has strong proficiency in the socio-economic impacts of mining activity, both at the local and national level. With key skills in mapping value chains and linkages, local procurement policies, international investment promotion, fiscal returns, voluntary codes and international best practice standards that address the impact wider socio-economic variables from mining activity, MineHutte services address all stages of the mining value chain.
The MineHutte team are experienced in mining regulations, mineral policy and economics. By combining our expertise in mining law and mining policy, we provide focused analysis and recommendations to fit your specific needs. No off the shelf generic reports!
MineHutte focuses on assessments based on a combination of legislative, regulatory, policy and international best-practice standards. Examples of recent work undertaken by the firm include:
• European Commission – RE:SOURCING – Designing & Implementing Responsible Mining Practices for the EU mineral supply chain
• European Commission – Strategic Dialogue on Sustainable Raw Materials for Europe
• GIZ – CONNEX Risk Identification & Risk Management framework and guidelines
• (Confidential) Review of Environmental, Social & Governance Practices of a Major mining company in South America
• (Confidential) Briefing Document & Assessment of Mining Development Agreement for a mining company in Malawi
• Canada (confidential jurisdiction) – Review of mineral development agreements and changes in mining legislation
• Gabon – Comparative Assessment of Draft Mineral Code
• Greenland – Mining Regulatory Risk Assessment and Improvement
• Papua New Guinea- Impact of proposed mining law changes on investment risk
• Gabon – Comparative Regional Regulatory Review and Improvement
• Mining Journal – World Risk Report, 2017-2019
• Oeko Institute (Germany) – Assisting SME compliance with the upcoming EU Conflict Mineral Regulations
The Three Step Legal Analysis & Assessment
Step 1: Detailed Assessment of Areas of Perceived Weakness
Broken down by category, this 10-15 page document will take the standard analysis of the legal framework (under the 17 categories) and explain:
1. Why is the regulation/legislation perceived as a regulatory risk for investors?
2. Whether this risk is very low to critical and the reasons for the rating given.
Step 2: Improving Regulatory Risk – Clarity and Terminology
The analysis provides recommendations for simple changes to language, terms to be clarified and suggestions for incorporating international standards etc. to offer clarity to investors to improve the regulatory risk posed
Step 3: Improving Regulatory Risk – Balancing Country Benefits vs. Investment Attractiveness
A more intensive analytical exercise, with the aim of analysing the regulations from the view of what the government wishes to achieve and how investors perceive the risk created by such regulations. MineHutte acknowledges a State’s objective of securing benefit from its mineral resources, but also notes regulatory risk is deemed higher when these objectives are translated into legislation that appears burdensome, un-clear and transfers more risk to the investor.
Analysis provided here undertakes engagements with government officials & stakeholders to understand the objectives of the State and how this is likely to be received by potential investors. The final output provides a review of how the State succeeds or fails in achieving its objective through the regulations/legislation and offers, where possible, better alternative framing of regulations to achieve the same objectives.
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