Mining Companies and CSR in Guinea: Use the U.N
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First Witness Statement of Mahmoud Thiam CWS-5
First Witness Statement of Mahmoud Thiam CWS-5 IN THE MATTER OF AN ARBITRATION UNDER THE RULES OF ARBITRATION OF THE INTERNATIONAL CENTRE FOR THE SETTLEMENT OF INVESTMENT DISPUTES ICSID Case No. ARB/14/22 BETWEEN: BSG RESOURCES LIMITED (Claimant) -v- THE REPUBLIC OF GUINEA (Respondent) First Witness Statement MAHMOUD THIAM I MAHMOUD THIAM of 170 East End Avenue, Apt 16B, New York, NY 10128, USA, with date of birth 4 October 1966, will state as follows: 1. I am the Chief Executive of Thiam & Co, an advisory and investment management consultancy based in New York, which specialises in frontier and emerging markets, with a particular emphasis on Africa and the Middle East. Prior to setting up Thiam & Co, I served as Minister of Mines, Geology, Energy and Hydraulics in the Republic of Guinea ("Guinea") in 2009 and Minister of Mines and Geology in 2010. I will refer to both positions as “Minister of Mines”. 2. I make this statement in relation to the claim by BSG Resources Limited ("BSGR") against the Republic of Guinea ("Guinea"). Save where I indicate otherwise, the facts and matters set out in this statement are based on my first-hand knowledge of the events in question. 27945287.1 1 First Witness Statement of Mahmoud Thiam CWS-5 3. This witness statement has been prepared with the assistance of my counsel, Sullivan & Worcester LLP, and BSGR's lawyers, Mishcon de Reya. On some occasions, I have refreshed my memory by looking at correspondence and other documents from the relevant time where they have been available to me. -
Eaber Working Paper Series
EAST ASIAN BUREAU OF ECONOMIC RESEARCH EABER WORKING PAPER SERIES Paper No. 104 ASSESSING THE COMPETITIVENESS OF THE SUPPLY SIDE RESPONSE TO CHINA’S IRON ORE DEMAND SHOCK LUKE HURST CRAWFORD SCHOOL OF ECONOMICS AND GOVERNMENT, AUSTRALIAN NATIONAL UNIVERSITY [email protected] JEL Codes: F13, L16, L11 EABER SECRETARIAT CRAWFORD SCHOOL OF ECONOMICS AND GOVERNMENT ANU COLLEGE OF ASIA AND THE PACIFIC THE AUSTRALIAN NATIONAL UNIVERSITY © East Asian Bureau of Economic Research. CANBERRA ACT 0200 AUSTRALIA Abstract This article examines the scale of China’s demand shock and the supply-side reaction in established and fringe iron ore regions. It outlines the short-run constraints on supply expansion and explores the supply-side response to understand whether the long-run iron ore market adjustment has been competitive, or influenced by strategic supply and price interventions by incumbent producers. Keywords: iron ore; market adjustment; competition; oligopoly 2 Introduction1 China’s demand for iron ore already dwarfs established markets in Japan and the rest of Asia. The massive scale and fast pace of China’s demand growth has required significant adjustment to the patterns of trade in the global iron ore market and supported a large and sustained price rise from US$13.83 in 2003 to US$128.87/t in 2012, after peaking at US$187.18/t in 2011. At the start of the iron ore industry consolidation period in 1990 the Big 3 (Rio Tinto, BHP Billiton, and Vale) accounted for 31.4 per cent of global supply. In 2003—the early stages of China’s demand boom—iron ore industry consolidation had led to the Big 3 accounting for 65.8 per cent of global production. -
Guinea's 2008 Military Coup and Relations with the United States
Guinea's 2008 Military Coup and Relations with the United States Alexis Arieff Analyst in African Affairs Nicolas Cook Specialist in African Affairs July 16, 2009 Congressional Research Service 7-5700 www.crs.gov R40703 CRS Report for Congress Prepared for Members and Committees of Congress Guinea's 2008 Military Coup and Relations with the United States Summary Guinea is a Francophone West African country on the Atlantic coast, with a population of about 10 million. It is rich in natural resources but characterized by widespread poverty and limited socio-economic growth and development. While Guinea has experienced regular episodes of internal political turmoil, it was considered a locus of relative stability over the past two decades, a period during which each of its six neighbors suffered one or more armed internal conflicts. Guinea entered a new period of political uncertainty on December 23, 2008, when a group of junior and mid-level military officers seized power, hours after the death of longtime president and former military leader Lansana Conté. Calling itself the National Council for Democracy and Development (CNDD, after its French acronym), the junta named as interim national president Captain Moussa Dadis Camara, previously a relatively unknown figure. The junta appointed a civilian prime minister and has promised to hold presidential and legislative elections by late 2009. However, some observers fear that rivalries within the CNDD, Dadis Camara's lack of national leadership experience, and administrative and logistical challenges could indefinitely delay the transfer of power to a democratically elected civilian administration. Guinea has never undergone a democratic or constitutional transfer of power since gaining independence in 1958, and Dadis Camara is one of only three persons to occupy the presidency since that time. -
Towards a Euro African Dialogue on Cross Border
72:$5'6$(852$)5,&$1',$/2*8(21 &5266%25'(5&223(5$7,21 .DULPÃ'$+28Ã Ã Ã Ã $ÃVWXG\ÃFRPSOHWHGÃIRUÃWKH 6HFUHWDULDWÃRIÃWKHÃ 6DKHOÃDQGÃ:HVWÃ$IULFDÃ&OXEÃ ZZZDIULTXHIURQWLHUHVRUJÃ :$%,'7Ã 1 2 TOWARDS A EURO-AFRICAN DIALOGUE ON CROSS-BORDER COOPÉRATION Karim DAHOU A STUDY COMPLETED FOR THE SECRETARIAT OF THE SAHEL AND WEST AFRICA CLUB MARCH 2004 $Ã 6(5,(6Ã ,1,7,$7('Ã %<Ã (1'$',$32/Ã 7+(Ã 6(&5(7$5,$7Ã 2)Ã 7+(Ã 6$+(/Ã $1'Ã :(67Ã $)5,&$Ã &/8%2(&'Ã $1'Ã $1<21(Ã(/6(Ã:,6+,1*Ã72Ã-2,1Ã7+(0Ã 3 OPENING REMARKS Over the past several months, the Secretariat of the Sahel and West Africa Club and ENDA-Diapol have been working together to promote an idea that is as yet somewhat unexplored in West Africa: that regional cooperation on the local level should be understood, listened to, and supported in order to facilitate the process of sub-regional integration. This idea rests upon the fact that local border actors, public and private, are the bearers of concrete proposals, cross-border zones are dynamic places, and national peripheries are at the center of regional construction. African organizations for inter-governmental cooperation, particularly ECOWAS1 and WAEMU2, currently support this idea by seeking to expand the scope of regional governance for the implementation of NEPAD3 and the economic partnership agreements with the European Union that were laid out at Cotonou. The project, “cross-border areas4”, currently pursued by the Malian government and neighboring countries represents another example of such initiatives. -
Asset Recovery Handbook
Asset Recovery Handbook eveloping countries lose billions each year through bribery, misappropriation of funds, Dand other corrupt practices. Much of the proceeds of this corruption find “safe haven” in the world’s financial centers. These criminal flows are a drain on social services and economic development programs, contributing to the impoverishment of the world’s poorest countries. Many developing countries have already sought to recover stolen assets. A number of successful high-profile cases with creative international cooperation has demonstrated Asset Recovery Handbook that asset recovery is possible. However, it is highly complex, involving coordination and collaboration with domestic agencies and ministries in multiple jurisdictions, as well as the A Guide for Practitioners, Second Edition capacity to trace and secure assets and pursue various legal options—whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives. A Guide for Practitioners, This process can be overwhelming for even the most experienced practitioners. It is exception- ally difficult for those working in the context of failed states, widespread corruption, or limited Jean-Pierre Brun resources. With this in mind, the Stolen Asset Recovery (StAR) Initiative has developed and Anastasia Sotiropoulou updated this Asset Recovery Handbook: A Guide for Practitioners to assist those grappling with Larissa Gray the strategic, organizational, investigative, and legal challenges of recovering stolen assets. Clive Scott A practitioner-led project, the Handbook provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to Kevin M. Stephenson encounter, and introduces good practices. It includes examples of tools that can be used by Second Edition practitioners, such as sample intelligence reports, applications for court orders, and mutual legal assistance requests. -
United States District Court Southern District of New York
R-0047 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Rio Tinto plc, Plaintiff, Civil Action No. v. Vale, S.A., Benjamin Steinmetz, BSG COMPLAINT Resources Limited, BSG Resources (Guinea) Ltd. aka BSG Resources Guinée Ltd, BSGR Guinea Ltd. BVI, BSG Resources Guinée JURY TRIAL DEMANDED SARL aka BSG Resources (Guinea) SARL aka VBG-Vale BSGR Guinea, Frederic Cilins, Michael Noy, Avraham Lev Ran, Mamadie Touré, and Mahmoud Thiam, Defendants. For its Complaint, Plaintiff Rio Tinto plc (“Rio Tinto”) alleges as follows: I. INTRODUCTION 1. This is a case about the theft of Rio Tinto’s valuable mining rights by the Defendants through a scheme in violation of the Racketeer Influence and Corrupt Organizations Act (“RICO”), hatched and substantially executed in the United States. The U.S.-based enterprise’s ultimate target was Rio Tinto’s mining concession in the Simandou region of southeast Guinea. Simandou is one of the most valuable iron ore deposits in the world, estimated to be worth billions of dollars. At the time Defendants devised their fraudulent scheme, Rio Tinto had spent eleven years and hundreds of million of dollars developing mining operations at Simandou and expected it to yield substantial profits into the future. 2. At the heart of the RICO scheme was Defendant Vale, S.A. (“Vale”), an international mining company whose American Depository Receipts (ADRs) are among the most-heavily traded on the New York Stock Exchange. Beginning in August 2008, Vale entered into discussions with Rio Tinto to purchase some of the Simandou asset. The Rio Tinto-Vale negotiations began in person with two meetings in New York in November 2008, during which Rio Tinto provided Vale with highly confidential and proprietary information regarding Simandou. -
Independent Final Evaluation of Combating Child Labor and Exploitation Through Education in Guinea (CCLEE)
University of Massachusetts Amherst ScholarWorks@UMass Amherst Center for International Education Faculty Center for International Education Publications 2008 Independent Final Evaluation of Combating Child Labor and Exploitation through Education in Guinea (CCLEE). Save the Children Follow this and additional works at: https://scholarworks.umass.edu/cie_faculty_pubs Recommended Citation Save the Children, "Independent Final Evaluation of Combating Child Labor and Exploitation through Education in Guinea (CCLEE)." (2008). Center for International Education Faculty Publications. 61. Retrieved from https://scholarworks.umass.edu/cie_faculty_pubs/61 This Article is brought to you for free and open access by the Center for International Education at ScholarWorks@UMass Amherst. It has been accepted for inclusion in Center for International Education Faculty Publications by an authorized administrator of ScholarWorks@UMass Amherst. For more information, please contact [email protected]. This page left intentionally blank. Independent Final Evaluation of the Combating Child Labor and Exploitation Through Education in Guinea (CCLEE) Project Save the Children Cooperative Agreement Number: E-9-K-4-0060 22000088 Funding for this evaluation was provided by the United States Department of Labor under Task Order number DOLQ059622437. Points of view or opinions in this evaluation report do not necessarily reflect the views or policies of the United States Department of Labor, nor does the mention of trade names, commercial products, or organizations -
PLIV-M-Paper 05.Pdf
Publication series of Professorship for Global Supply chain Management Chair Holder: Prof. Dr. Aseem Kinra Decision making on allocation of Covid-19 Vaccines in Africa Acay, Deren; Bagci, Elif; Dietrich, Simon; Jahandar, Behnam; Neumann, Fabian Year 2021 Supervisor: Prof. Dr. Assem Kinra | Debarshee Bhardwaj Declaration of Authorship We hereby declare that this elaboration submitted is our own unaided work. All direct or indirect sources used are acknowledged as references. We are aware that this elaboration in digital form can be examined for the use of unauthorized aid and in order to determine whether this elaboration as a whole or parts incorporated in it may be deemed as plagiarism. For the comparison of my work with existing sources, we agree that it shall be entered in a database where it shall also remain after examination, to enable comparison with future elaborations submitted. Further rights of reproduction and usage, however, are not granted here. This paper was not previously presented to another examination board and has not been published. Bremen, 25/2/2021 City, Date Deren Acay, Elif Bagci, Simon Dietrich, Behnam Jahandar, Fabian Neumann II Table of contents TABLE OF CONTENTS ........................................................................................................................... I LIST OF FIGURES .................................................................................................................................. II LIST OF TABLES ................................................................................................................................. -
Natural Resources and China's Development
SPECIAL REPORT FUELLING THE DRAGON Natural resources and China’s development August 2012 Brenthurst Report Fuelling the Dragon COVER.indd 3 2012/08/13 5:16 PM FUELLING THE DRAGON Natural resources and China’s development The Brenthurst Contents Foundation Abstract .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 2 Prefaces .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 3 President John A Kufuor; Prime Minister Raila Odinga; H.E. Mr Erastus Mwencha; The Hon Julie Bishop MP; Senator the Hon Bob Carr Introduction.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 7 Greg Mills, Terence McNamee and Peter Jennings China’s growth and its impact on resource demand and the iron ore trade .. .. .. .. 11 Peter Drysdale and Luke Hurst Africa and China: between debunking and disaggregation .. .. .. .. .. .. .. .. .. 40 Greg Mills Chinese traders: the opaque underbelly of China’s presence in Africa ��������������������������������� 53 Terence McNamee China and Latin American resources – some trends and implications .. .. .. .. .. .. 56 Patrick Esnouf Conclusion .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 66 Greg Mills, Alberto Trejos and Peter Jennings Published in August 2012 by: The Brenthurst Foundation E Oppenheimer & Son (Pty) Ltd PO Box 61631, Johannesburg 2000, South Africa Tel +27–(0)11 274–2096 · Fax +27–(0)11 274–2097 www.thebrenthurstfoundation.org All rights reserved. The material in this publication may not be reproduced, stored, or transmitted without the prior permission of the publisher. Short extracts may be quoted, provided the source is fully acknowledged. Layout and design by Sheaf Publishing, Benoni. Brenthurst Report Fuelling the Dragon.indd 1 2012/08/13 5:15 PM FUELLING THE DRAGON: NatURAL resoUrces and CHINA'S DEVelopMENT Abstract From 17 to 19 May 2012, the Australian Strategic Policy but China’s current appetite for resources will eventually Institute and the Johannesburg-based Brenthurst abate – and that could happen with cruel suddenness. -
Annex 2 Guinea-Bissau
ANNEX 2 GUINEA-BISSAU Guinea-Bissau WT/TPR/S/266/GNB Page 185 CONTENTS Page I. ECONOMIC ENVIRONMENT 189 (1) MAIN FEATURES OF THE ECONOMY 189 (2) RECENT ECONOMIC DEVELOPMENTS 191 (3) TRENDS IN TRADE AND INVESTMENT 193 (i) Trade in goods and services 193 (ii) Foreign direct investment 194 (4) OUTLOOK 197 II. TRADE AND INVESTMENT REGIMES 198 (1) INSTITUTIONAL AND LEGISLATIVE FRAMEWORK 198 (2) REGULATION OF FOREIGN TRADE 199 (3) TRADE AGREEMENTS 200 (4) FOREIGN INVESTMENT REGIME 201 (5) BUSINESS ENVIRONMENT 202 III. TRADE POLICIES AND PRACTICES BY MEASURE 204 (1) MEASURES DIRECTLY AFFECTING IMPORTS 204 (i) Registration 204 (ii) Customs procedures 205 (iii) Preshipment inspection and customs valuation 206 (iv) Rules of origin 207 (v) Customs levies 207 (vi) Prohibitions, quantitative restrictions and licensing 209 (vii) Standards, technical regulations and accreditation procedures 210 (viii) Sanitary and phytosanitary measures 210 (ix) Packaging, marking and labelling requirements 212 (x) Contingency measures 212 (xi) Other measures 212 (2) MEASURES DIRECTLY AFFECTING IMPORTS 212 (i) Registration and customs procedures 212 (ii) Export duties and taxes 212 (iii) Goods in transit 213 (iv) Export prohibitions and controls 213 (v) Export subsidies and promotion 213 (3) MEASURES AFFECTING PRODUCTION AND TRADE 214 (i) Incentives 214 (ii) Competition and price control regime 214 (iii) State trading, State-owned enterprises and privatization 214 (iv) Government procurement 214 (v) Protection of intellectual property rights 215 WT/TPR/S/266/GNB Trade -
Telegraph, Guardian, City AM Etc) 5
Article Breakdown 1. Financial Times 2. Sunday Times/Times 3. Bloomberg 4. National newspapers (Telegraph, Guardian, City AM etc) 5. Australian media 6. Other international media 7. Trade media (Mining journal/miningweek.com etc) 8. Newswires Leaked Emails Rio Tinto contacts regulatory authorities 9 November 2016 On 29 August 2016, Rio Tinto became aware of email correspondence from 2011 relating to contractual payments totalling US$10.5 million made to a consultant providing advisory services on the Simandou project in Guinea. The company launched an investigation into the matter led by external counsel. Based on the investigation to date, Rio Tinto has today notified the relevant authorities in the United Kingdom and United States and is in the process of contacting the Australian authorities. Energy & Minerals chief executive Alan Davies, who had accountability for the Simandou project in 2011, has been suspended with immediate effect. Legal & Regulatory Affairs group executive Debra Valentine, having previously notified the company of her intention to retire on 1 May 2017, has stepped down from her role. Rio Tinto intends to co-operate fully with any subsequent inquiries from all of the relevant authorities. Further comment at this time is therefore not appropriate. Senior management changes 16 November 2016 Rio Tinto today terminated the contracts of Energy & Minerals chief executive Alan Davies and Legal & Regulatory Affairs Group executive Debra Valentine. The Rio Tinto board reviewed the findings to date of an internal investigation into 2011 contractual arrangements with a consultant who provided advisory services on the Simandou project in Guinea. The board's decision does not pre-judge the course of any external inquiries into this matter. -
Natural Resources and China's Development
SPECIAL REPORT FUELLING THE DRAGON Natural resources and China’s development August 2012 FUELLING THE DRAGON Natural resources and China’s development The Brenthurst Contents Foundation Abstract .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 2 Prefaces .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 3 President John A Kufuor; Prime Minister Raila Odinga; H.E. Mr Erastus Mwencha; The Hon Julie Bishop MP; Senator the Hon Bob Carr Introduction.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 7 Greg Mills, Terence McNamee and Peter Jennings China’s growth and its impact on resource demand and the iron ore trade .. .. .. .. 11 Peter Drysdale and Luke Hurst Africa and China: between debunking and disaggregation .. .. .. .. .. .. .. .. .. 40 Greg Mills Chinese traders: the opaque underbelly of China’s presence in Africa ��������������������������������� 53 Terence McNamee China and Latin American resources – some trends and implications .. .. .. .. .. .. 56 Patrick Esnouf Conclusion .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 66 Greg Mills, Alberto Trejos and Peter Jennings Published in August 2012 by: The Brenthurst Foundation E Oppenheimer & Son (Pty) Ltd PO Box 61631, Johannesburg 2000, South Africa Tel +27–(0)11 274–2096 · Fax +27–(0)11 274–2097 www.thebrenthurstfoundation.org All rights reserved. The material in this publication may not be reproduced, stored, or transmitted without the prior permission of the publisher. Short extracts may be quoted, provided the source is fully acknowledged. Layout and design by Sheaf Publishing, Benoni. FUELLING THE DRAGON: NatURAL ResoURces and CHINA'S DEVelopMENT Abstract From 17 to 19 May 2012, the Australian Strategic Policy but China’s current appetite for resources will eventually Institute and the Johannesburg-based Brenthurst abate – and that could happen with cruel suddenness. Foundation co-hosted a major international dialogue on This Dialogue examined countries that have used their natural resource demand and China’s economy.