Parliament’s behavior in regard to the Oyu Tolgoi copper and gold project sends a disturbing message to investors. Proof of this can be seen in Ivanhoe Mines’ stock prices, which bottomed out at CAD 17.50, its newest 52-week low. Further complicating things is Ivanhoe and Rio Tinto’s tenuous relationship which came to a head when Rio bought CAD 73.1 million worth of stock at CAD 19.42 each.
Ivanhoe Mines has a 66 percent stake in the Oyu Tolgoi copper and gold project while Rio Tinto, the project chief, has an indirect stake in the project with a 48.5 percent stake in Ivanhoe Mines.
A faction within Parliament would like to see the government’s stake in Oyu Tolgoi rise to 50 percent from its now standing 34 percent stake. Currently the government is unable to increase its stake until after 30 years have passed.
“I think there is an opportunity to say to investors, the people of Mongolia don’t want to change the agreement as a whole, but to discuss two issues: Mongolia’s stake and additional payment for use of our reserves,” said President Ts. Elbegdorj in response to the controversy.
Rio Tinto Country Director and Oyu Tolgoi head of operations Cameron McRae has already warned the government against altering the deal at the “Discover Mongolia” mining forum. Reversing the deal would tarnish Mongolia’s reputation as a fair climate for investment and risk the livelihood of Mongolian workers, he said. Both Ivanhoe Mines and Rio Tinto insist the deal is fair.
“The investors agreement is a great deal for Mongolia,” said a representative
from Oyu Tolgoi Company. “The government gets more than 50 percent of pre-tax profits when you include equity, dividends, taxes, royalties, and VAT. That’s more than five tugrugs out of every 10 going directly to
Mongolia before you even think about what the mine will do for jobs, local suppliers, and technology improvements.”
The agreement gave Rio Tinto the confidence to invest “such a mammoth sum” into Oyu Tolgoi, said McRae. “What we are demonstrating is the investment agreement is a contract. We’re going to honor it and we expect the government to honor it.”
Shareholders plan to raise a sum up to USD 4 billion to finance the project’s development. This would be the largest project financing ever in mining history, said McRae. Rio has invested more than USD 3 billion into the project in the past five years. Ivanhoe spent more than six years negotiating an investment pact with the government for the 2009 agreement. Rio believes the entire project will cost up to USD 10 billion.
This week the anti-coalition faction of government opposing the investment agreement addressed a letter to Rio Tinto and Ivanhoe claiming that the agreement violates Mongolia’s 57th Resolution. The faction claims that the resolution in question mandates a 50 percent stake in the project. The letter does not explain, however, why this particular project requires such a large stake as opposed to others.
“When the price of minerals rises several times on world market it is not influenced by any country or company, it is related to an increase in demand for that specific mineral,” said the letter. “It is not fair to view that the investors must benefit from increased profit more than the owners of the resource.”
The letter goes on further to say that a “generation of Mongolian taxpayers” has funded the exploration for Oyu Tolgoi. The copper and gold at the site is worth a total USD 400 billion for which initial investment can be recovered within two or three years. According to the 57th resolution, Mongolia is entitled to 60 percent of profits, but doesn’t even earn 50 percent under the current agreement, said the MPs.
Meanwhile, there has been friction between Ivanhoe and Rio this week as well. Ivanhoe Chief Executive Robert Friedland accused Rio of releasing “unauthorized and incomplete information.”
It is possible the comments of Rio Tinto Copper head Andrew Harding struck a nerve with Friedland. Harding said last week that scheduling targets may be delayed if the operators could not deliver electricity with a preferred method.
“Ivanhoe Mines remains confident that the necessary agreements between Mongolia and China will be satisfactorily concluded to secure the timely supply of interim, high-voltage electric power from China to ensure that Oyu Tolgoi can begin commercial production on schedule,” said the firm in an official release.
Rio continued its gradual creep towards a majority holding of Ivanhoe’s stocks this week to acquire a 49 percent stake. Rio’s stock is up from a stake less than 15 percent at the beginning of this year. Currently Rio is barred from increasing its stake further due to a standstill agreement put in place last year. A quarrel over that move resulted in Rio being awarded the position of head of operations at Oyu Tolgoi.
“Ivanhoe needs to develop its stock price,” said Business Council of Mongolia Executive Jim Dwyer. “Ivanhoe’s interest is getting top dollar for its shareholders. Mr. Friedland has 17 alternatives we know about, all with the underlying goal to maximize shareholder value.” [Note: Look for the rest of this interview discussing merger and acquisition activity in Mongolia next week]
The actions by the government are reckless and entirely self-serving. It is very likely the letter addressed to Rio and Ivanhoe has much more to do with impressing voters than any moral platitudes or a need to stand up to big business. Without the investment Rio has already paid in addition to the additional USD 4 billion it plans to pay further, the mine will not return anything. Today the Central Bank of Mongolia reported an exchange rate of MNT 1280.83 to USD 1. The tugrug has been depreciating rather quickly against the U.S. dollar all month and it does not look as though the trend will let up soon. Mongolia does not have the capital to develop a mine like Rio does and it will only get more expensive as long as the tugrug continues to depreciate.
The government needs to quit pandering to anti-globalization and resource nationalist sources in this way because it helps no one. It is also dishonest because it does not actually agree with them. The government has made it clear it wants to enter the world market and grow using its mineral resources. It has also said it knows it needs help from foreign companies like Rio to do so. If the government really wanted to help the average Mongolian, it would work with the Central Bank to put a lid on inflation rather than exacerbate it by acting against the bank as it has in the past three months. Mongolia needs foreign business and investment in Mongolia, and its 30 percent ownership in addition to the taxes and royalties it receives on its resources is not a bad deal at all. Rio has done some nice projects training Mongolians, building hospitals, and building infrastructure but it is not a charity. It does these projects for a social license to operate, something Mongolian mining companies and illegal “ninja” miners tend to ignore. If a company like Rio is going to do this project, it needs a large enough return.
Finally, the government will get a chance to buy its 50 percent stake, but it has to wait until 2041 just as it agreed to do in its 2009 investment agreement. This part of the agreement was never a secret and the same 20 MPs raising hell over Mongolia’s stake had no problem two years ago when they passed and signed it.