Secretariat TPR |
WT/TPR/S/289/REV.1 |
S-IV§55 |
Peru |
2013 |
Sectors |
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Mining |
Relevant information
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Under the General Law on Mining there are no limitations on foreign capital participation in mineral exploration, exploitation or processing projects, but exploration and exploitation require a mining concession.The mining concession does not bestow a surface right and a land use permit is required before any kind of mining activity can be carried out. Moreover, environmental impact assessments have to be approved for exploration, exploitation and ore processing activities, among others. Surveying, prospecting and marketing are activities that can be carried out without the need for a concession from the State.
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Secretariat TPR |
WT/TPR/S/289/REV.1 |
S-III§51 |
Peru |
2013 |
Sectors |
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Mining |
Relevant information
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The formulation of mining policy is the responsibility of the Ministry of Energy and Mining. Mining policy seeks to update the mining regulations so as to ensure legal stability for investment, while improving the conditions for private investment; to boost the development of mining activities with better safety conditions for the workers and for society, while protecting the environment and maintaining harmonious relations with the community; and to reinforce supervision.
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Secretariat TPR |
WT/TPR/S/289/REV.1 |
S-IV§52 |
Peru |
2013 |
Sectors |
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Mining |
Relevant information
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The Supervisory Authority for Investment in Energy and Mining (OSINERGMIN) is the public body with national responsibility for supervising and monitoring compliance with the legal and technical provisions relating to mining, electricity and hydrocarbons. It is also responsible for monitoring the safety of the infrastructure associated with these activities. Since 2010, the environmental regulations have been supervised, monitored and enforced by the Environmental Assessment and Monitoring Service (OEFA) of the Ministry of the Environment.
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Secretariat TPR |
WT/TPR/S/288 |
S-IV§16 |
Kyrgyz Republic |
2013 |
Sectors |
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Mining |
Relevant information
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Kyrgyz policy on the use of subsoil; resources is formulated by the Ministry of Economy. Certain aspects require Government approval, including strategies for the development of sites and deposits, and implementing regulations. Implementation is by the State Agency for Geology and Mineral Resources(SAGMR), acting, inter alia, as the authority in charge of licensing and work-plan approval. Discovered deposits must be registered with the State Commission on Mineral Reserves (GKZ), which is responsible for confirming reserve estimates. In addition, the State Inspectorate for Ecological and Technical Safety monitors compliance with industrial safety and environmental regulations, while the State Agency for Environmental Protection and forestry conducts environmental impact evaluations.
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Secretariat TPR |
WT/TPR/S/288 |
S-IV§17 |
Kyrgyz Republic |
2013 |
Sectors |
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Mining |
Relevant information
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Mining operations at Kumtor have also been subject to fines for alleged past environmental damages, in (apparent) contradiction with the terms of the 2009 agreements. These developments, coupled with non-transparent licensing practices (see below), point to a rather uncertain legal framework, which continues to discourage private investment.
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Secretariat TPR |
WT/TPR/S/288 |
S-IV§24 |
Kyrgyz Republic |
2013 |
Sectors |
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Mining |
Relevant information
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Pursuant to a special tax regime negotiated in 2009, the operator of the Kumtor gold mine is subject to a 13% tax on gross revenue, a contribution (1% of gross revenue) to a fund for the development of the district where the mine is located, and a fixed environmental charge.
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Secretariat TPR |
WT/TPR/S/287/REV.1 |
S-IV§66 |
Viet Nam |
2013 |
Sectors |
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Mining |
Relevant information
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Under Decision No. 2427 of 2011, the national strategy provides, inter alia, for: non- renewable mineral resources to be managed, protected, exploited and used rationally; survey and evaluation of mineral resources to be implemented in advance to permit efficient planning; exploration and mining to be associated with the potential for processing and use of each type of mineral, in light of the needs of all economic sectors; for large-scale deposits of minerals, only processed products with high economic value to be exported; and international cooperation to be utilized to access scientific knowledge and environmentally friendly technologies. The strategy focuses on: coal, uranium, metals, non-metals, construction materials, natural thermal water, mineral water, oil, and gas. It also provides guidelines in several specific areas of regulation, i.e. management and planning, science and technology, finance, and environmental protection.
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Secretariat TPR |
WT/TPR/S/287/REV.1 |
S-IV§4 |
Viet Nam |
2013 |
Sectors |
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Mining |
Relevant information
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In mining, where foreign-invested enterprises account for the largest part of total output, efforts have been undertaken to promote sustainable development and ensure that mined products are used in a cost-effective and efficient way; legislative changes have affected, inter alia, the granting of mining licences and increased royalties.
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Secretariat TPR |
WT/TPR/S/287/REV.1 |
S-Summary§26 |
Viet Nam |
2013 |
Sectors |
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Mining |
Relevant information
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In mining, where foreign-invested enterprises account for the largest part of total output, efforts have been made to promote sustainable development and ensure that mined products are used in a cost-effective and efficient way.
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Secretariat TPR |
WT/TPR/S/287/REV.1 |
S-IV§67 |
Viet Nam |
2013 |
Sectors |
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Mining |
Relevant information
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Reportedly, while the recent issue of new legal instruments (see below) demonstrates efforts to draft stricter provisions on exploiting and preserving mineral resources, they imply that investors in the mining sector could face greater regulatory obstacles.
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