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Canada : Barrick Announces Agreement in Principle on Amendments to Pueblo Viejo Special Lease Agreement

Publish Date : 10-May-2013

Barrick Gold Corporation (Barrick) today reported that Pueblo Viejo Dominicana Corporation (PVDC) has reached an agreement in principle with the Government of the Dominican Republic (the Government) concerning amendments to the Pueblo Viejo Special Lease Agreement (SLA). The Pueblo Viejo mine is operated by PVDC, which is jointly owned by Barrick (60 percent) and Goldcorp (40 percent).

The agreement in principle comes after eight months of constructive discussions between PVDC and the Government. We are pleased to reach an agreement in principle that preserves the economic value of the Pueblo Viejo mine, while also addressing the fiscal objectives of the country, in a way that will provide stability for both parties moving forward.

PVDC is one of the largest foreign investors in the Dominican Republic and it is in the company's long-term interest to support the economic stability and development of the country, where it will be operating for the next three decades.

If the proposed amendments are implemented and entered into force, revenues to the Government will be increased and brought forward via a number of proposed changes. To achieve this objective, amendments to the SLA, which will be mutually agreed upon by the parties, could include items such as the following:
Elimination of a 10 percent return embedded in the initial capital investment for the purposes of the NPI;
An extension to the period over which PVDC will recover its capital investment;
A delay of application of NPI deductions; and
A reduction in depreciation rates.

A graduated minimum tax will be established. The tax will be adjusted up or down based on metal prices. The annual minimum tax rate will be reset every three years and will be equivalent to 90 percent of the taxes that would have been payable by PVDC over the same period. The details for the implementation of the minimum tax are to be mutually determined by the parties.

Based on the proposed amendments, it is anticipated there will be an approximate 50/50 split of the expected cash flows from the mine between PVDC and the Government over the years 2013-2016. This would result in tax revenues to the Government of approximately $2.2 billion over this period at a gold price of $1,600 per ounce.

The economic benefit of these changes over the life of the mine to the Government is approximately $1.5 billion (net present value at 5 percent discount rate and $1,600 gold price assumption).

The proposed agreement also includes the following broad parameters consistent with the SLA:
Corporate income tax rate of 25 percent,
Net smelter royalty (NSR) of 3.2 percent,
Net profits tax (NPI) of 28.75 percent,

The proposed amendments are subject to negotiation of a Definitive Agreement, which will require the approval of the Boards of Directors of Barrick and Goldcorp along with the project lenders.

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