The State Law and Order Restoration Council
The Myanmar Mines Law
(The State Law and Order Restoration Council Law No 8/94)
The 2nd Waxing of Tawthalin, 1356 ME
(6th September, 1994)
The State Law and Order Restoration Council hereby enacts the following Law :
CHAPTER I
TITLE AND DEFINITION
1.
This Law shall be called the Myanmar Mines Law.2. The following expression contained in this Law shall have the meanings given hereunder :
CHAPTER II
OBJECTIVES
3. The objectives of this Law are as follows :
CHAPTER III
APPLICATION AND GRANTING OF PERMIT
4. A person or organization, desirous of carrying out any of the following operations shall apply to the Ministry in accordance with the stipulations for obtaining a permit :
5. A person or organization, desirous of carrying out any of the following operations shall apply to the Department in accordance with the stipulations for a permit :
6. A person or organization, desirous of carrying out subsistence production of gemstone, metallic mineral, industrial mineral or stone, prescribed in the notification by the Ministry shall apply to the respective Mining Enterprise or to the officer authorized by the Ministry in accordance with the stipulations for obtaining a permit.
7. The Ministry may, with the approval of the Government, grant permit for any of the following operations.
8. The Ministry may grant permit for the following operations :
9. The Department may, with the approval of the Ministry, grant permit for any of the following operations :
10. The respective Mining Enterprise or the officer authorized by the Ministry may issue permit in respect of subsistence production of gemstone, metallic mineral or stone, specified in the notification by the Ministry.
11. The Ministry shall determine the classification of large scale production, small scale production or susbsistence production as defined in sub-section (k), (l), (m) of section 2.
CHAPTER IV
DUTIES OF THE HOLDER OF PERMIT
12. The holder of permit shall :
13. The holder of permit shall comply with the rules prescribed under this Law in respect of the following matters :
CHAPTER V
RIGHT OF UTILIZATION OF LAND AND WATER FOR MINERAL PRODUCTION
14. The holder of permit for mineral production within an area under the Ministry's administrative control or which does not lie within the Mineral Reserve Area or Gemstone Tract, shall carry out such production only after co-ordinating and receiving agreement from the individual or organization having the right of cultivation, right of possession, right of use and occupancy, beneficial enjoyment, right of succession or transfer of the said land.
15. If, in the interest of the State, it is necessary to acquire the land where mineral production could be undertaken on commercial scale, the Ministry shall co-ordinate with the relevant Ministry for the acquisition of such land in accordance with the existing Law.
16. If the holder of mineral production permit requires the use of public water for mineral production he shall first and foremost inform the Department of such requirement in accordance with the prescribed manner.
17. If the Department, after scrutinizing the requirement submitted under section 16 finds that the use of public water is really necessary for the holder of mineral production permit, it shall co-ordinate with the relevant government department and organization for obtaining permission to use water in accordance with the existing Law.
CHAPTER VI
ROYALTY
18. The holder of mineral production permit shall pay royalty on the mineral sold when the sale is affected on the mineral produced by him within the rates mentioned below as determined by the Ministry :
19. When calculating the value of mineral sold under section 18, the Department shall calculate in the prescribed manner based upon the prevailing international price of that mineral at the time of the sale.
20. The Ministry may
CHAPTER VII
DESIGNATION OF MINERAL RESERVE AREA AND GEMSTONE TRACT
21. The Ministry :
22. The Ministry :
23. The Ministry may, with the approval of the Government, cause the whole or a portion of the Mineral Reserve Area or Gemstone Tract, for the revision of the demarcation or cessation thereof.
24. All naturally occurring minerals found either on or under the oil of any land, in which an individual or an organization had the right of cultivation, right of possession, right of use and occupancy, beneficial enjoyment, right of succession or transfer or all naturally occurring minerals found in the Continental Shelf shall under the existing law be deemed to be owned by the State.
CHAPTER VIII
DUTIES OF THE CHIEF INSPECTOR
25. The Director General shall be the Chief Inspector for the purpose of this Law.
26. The duties of the Chief Inspector are as follows :
27. The Chief Inspector may :
CHAPTER IX
TAKING OF ACTION BY ADMINISTRATIVE MEANS
28. If the holder of permit or a person managing on his behalf or any of the worker fails to comply with any of the orders or directives made under this Law, or contravenes any of the terms of the permit, the person issuing the permit may pass any of the following administrative orders : -
CHAPTER X
ISSUE OF PROHIBITION
29. The Ministry may with the approval of the Government issue prohibitions in respect of purchasing obtaining, storing, possessing, transporting, selling, transferring of any mineral obtained from mineral production.
CHAPTER XI
OFFENCES AND PENALTIES
30. Whoever carries out any of the following operations without the permit issued under this Law shall, on conviction be punished with imprisonment for a term which may extend to 7 years or with both :
31. Whoever violates any of the prohibitions prescribed under section 29 shall, on conviction be punished with imprisonment for a term which may extend to 3 years or with fine which may extend to Kyats 20,000 or with both.
32. The holder of a permit who violates any of the rules relating to section 13 shall, on conviction be punished with imprisonment for a term which may extend to 1 year or with fine which may extend to Kyats 10,000 or with both.
33. Whoever trespasses the Mineral Reserve Area or Gemstone Tract demarcated under this Law without permission shall on conviction be punished with imprisonment for a term which may extend to 6 months or with fine which may extend to Kyats 5,000 or with both.
34. The Court shall in respect of any legal proceeding instituted under section 30 or section 31, if found guilty, enforce punishment for the relevant offence, and in addition
CHAPTER XII
MISCELLANEOUS
35. The licence or permit granted under any of the existing laws before the enactment of this Law, for prospecting, exploration or production of minerals shall be valid until the date of expiry.
36. The existing Gemstone Tracts designated by notification before the promulgation of this Law shall be deemed to be Gemstone Tract designated by this Law.
37. If exhibit relating to any legal proceeding instituted under this Law cannot be produced easily before the court, such exhibit need not be produced before the court, but the report or other relevant documentary evidence as to the manner of custody of the same may be submitted. Such submission shall be deemed as if it were submission of the exhibit before the court and the relevant court may dispose of the same in accordance with the law.
38. The rules, regulations, orders and directives issued under the laws repealed by this Law may continue to be complied so far as they are not inconsistent with the provisions of this Law.
39. For the purpose of carrying out the provisions of this Law
40. The following laws are hereby repealed -
(Sd) Than Shwe
Senior General
Chairman
The State Law and Order Restoration Council
THE GOVERNMENT OF THE UNION OF MYANMAR
MINISTRY OF MINES
SECOND ROUND INVITATION FOR BIDS TO CONDUCT MINERAL
PROSPECTING, MINERAL EXPLORATION AND
FEASIBILITY STUDY IN MYANMAR.
U Myint Thein
Deputy Minister
Ministry of Mines
ANNEXURE "B"
INVITATION TO BID
INSTRUCTIONS AND INFORMATION FOR BIDDERS
1. General Instructions
These instructions are intended to serve as a guide in the preparation of bids for the blocks mentioned in Annexure "A".
With the submission of a bid the bidder acknowledges that he has carefully examined in detail all the bid information.
2. Bidder's Qualifications
All prospective bidders shall -
3. Preparation of Bid
The Bidder shall mention the mineral or minerals and the block or blocks, for which the permit is sought:
Separate bidding should be submitted for each block and must mention whether the bid is only for prospecting of minerals or for both prospecting, exploration of minerals and feasibility study.
The Bidder shall submit a proposed programme for prospecting or if the bid is for both prospecting, exploration and feasibility study proposed programme for prospecting, exploration and feasibility study together with "Minimum expenditure commitment" in United States Dollars per square kilometer for Mineral Prospecting. Mineral Exploration and estimated expenditure for Feasibility Study. Minimum expenditure commitment will be one of the major factors for consideration of selection of bids. "Dead Rent" proposed for each stage of operation will be another important factor that will be considered. Rate of Dead Rent proposed for various stages of activities after the initial stage shall be at increased rates for each stage of activity.
Mention the proposed "Security Deposit" or Performance Bank Guarantee in United States Dollars for the due performance of the contract for each stage of operation if the contract is signed.
The Bidder shall also mention the prospecting and or exploration "Bonus" that the bidder propose to give after signing of the Contract. The bonus or bonuses proposed must be competitive.
General Terms and Conditions preferred by the Ministry of Mines are mentioned in Annexure "C". The bidder may propose the best form of Joint Venture which will be competitive.
Use Myanmar personnel from Department and Enterprises under the Ministry of Mines for the prospecting, explorations and feasibility study operations wherever possible and give particulars regarding their training.
Include any other matter which the bidder wishes the Minister to consider.
Bids and all supporting documents shall be submitted in English. An original and four copies shall be submitted. Bidder may reproduce additional copies as required for their own use. The copy marked original shall be given precedence and shall govern should there be any difference between the copies. The bid forms are to be type written. Bidders may attach supplemental information with their bids as appropriate. The bidder shall sign and print or type his name on the forms.
Bids submitted by an agent are to b accompanied by evidence of his authority to bid for his principal.
Exploration and Mining Companies may bid for one of the blocks or up to three blocks shown on the map. Separate bid should be submitted for each block.
4. Currency of Bid
Currency shall be in U.S. dollars.
5. Modifications or Withdrawal of Bids
No bid can be modified, corrected after submission or withdrawn after the deadline set for receipt of bids.
6. General
Obligation during Prospecting and Exploration.
Bidder shall all expenses in the preparation and delivery of the bids. No claim will be entertained for the refund of such expenses.
Ministry of mines reserves the right to reject a bid which does not meet the conditions required.
Ministry of mines decision on awarding the contract to the winner shall be final and is not subject to further discussions.
7. Selection of Bid and Entering into Contract
Bidders selected shall enter into negotiation for signing of contract with the Enterprise or Department concerned under the Ministry of Mines.
Agreed draft contract will then be initialed and sent to the Attorney General's office for comment.
After getting the attorney General's comment and renegotiation if any, the negotiated contract will be sent to the Myanmar Investment Commission for approval.
Agreement for Mineral Prospecting, Mineral Exploration and Feasibility Study as the case may be, will be signed after getting the Government's approval and relevant permit will be issued.
A firm or Company which has been awarded the Contract, shall have a registered Branch Office in the Union of Myanmar or be incorporated in Myanmar under the Myanmar Companies Act.
During the prospecting, exploration and feasibility study stage all expenses incurred shall be borne by the Company.
Technical papers on the Geology of the intended block or blocks will be made available on request to the Director General, Department of Geological Survey and Mineral Exploration, 90 Kanbe Road, Yankin, Yangon, Telex No. 21511 MCTWO BM, Fax Nos. 095-01-57455 or 095-01-57309 and appointment could be made to discuss with the Department's Geologists. We shall be pleased to answer any querries that you may have before the closing dare of the bid.
ANNEXURE "C"
GENERAL TERMS AND CONDITIONS PREFERRED BY MINISTRY OF MINES FOR MINERAL PROSPECTING, MINERAL EXPLORATION AND FEASIBILITY STUDY IN THE UNION OF MYANMAR
BLOCK
As shown on the attached map.
TYPE OF AGREEMENT
Agreement for Mineral Prospecting, and Mineral Exploration and Feasibility Study.
TERMS
Prospecting Period -
Maximum two years. At the end of one year prospecting period, the company shall appraise and evaluate the data obtained and may in its absolute discretion withdraw from the contract without incurring further costs, if all the obligations were complied with.
If at any time during the prospecting period the company discovers minerals in the contract area and decide to proceed with exploration thereof, it shall advise the Ministry to such effect, and apply for exploration permit if the original permit is only for prospecting.
Relinquishment -
Shall relinquish a minimum of 25% of the contract area if the company decide to conduct exploration operation.
Exploration Period -
Initial term one year.
At the end of the exploration period, the company shall appraise and evaluate the data obtained and may in its absolute discretion :
Extension Period -
One year x 2 times.
In principle the Government would only grant extension of exploration period to the Company if the Company has satisfactorily performed its exploration work.
Mandatory Relinquishment -
End of Initial one year term of exploration period, a minimum of further 50% of the remaining area must be relinquished. This retaining 25% of the orginal area at the start of 2nd year of extension for exploration. After the 2nd year of extension for exploration another 50% of the remaining area must be relinquished ; thus a maximum of 12.5% of the original area will be left for further operation. The relinquished areas must be contiguous. It is conceivable that unconnected areas within the original contract area be the subject of exploitation activities. In the event, if there being more than one area selected for exploitation in the operation stage, which is not contiguous, Company shall show sufficient cause why it should be permitted to work in unconnected areas. The areas selected shall so far as reasonably possible, be, of sufficient size and shape to enable mining operations to be conducted thereon.
Feasibility Study period -
One year.
Development and Production Period -
15 years, if Joint Venture agreement is signed. It may be extended by mutual consent. For production of gold, all gold produced from the contract area must be first offered to the Government with the selling price based on the L.M.B. quotation. In the event that London Gold Market cease to be a suitable reference for pricing, the Government and the Company shall consult together to agree on an acceptable method of determining the price. If it is not purchased by the Government the metal can then be sold freely by the Company.
Cost Recovery -
Company shall provide all funds required to conduct the prospecting, mineral exploration and feasibility study as the case may be. Cost Recovery will be permitted if Joint Venture Agreement for Development and production is signed. No compensation will however be paid by the Government if the company decides not to proceed with exploration work in the case of holder of a prospecting permit and feasibility study and development in the case of holder of an exploration permit. Prospecting, Exploration and Feasibility Study cost recovery will be permitted during the first five years of the production period to the extent of 25% of the total revenue per quarter in any one year.
A proper accounting procedure shall be followed during each period. If the expenses recoverable could not be recovered during the period permitted, the excess shall be carried forward for recovery in the next succeeding quarter and in each succeeding quarter thereafter until fully recovered, but in no case after termination of the contract.
Equity Share or Production Sharing Joint Venture-
If Joint Venture Contract with equity share is signed for production of the mineral the Government shall own not less than 50% of the total share capital.
The bidder shall propose starting with a minimum of 15% free equity to the Government. The bidder may also propose how the remainder of the Government share capital and its own shall be contributed.
If a Production Sharing type of Agreement is signed sharing shall be 50 : 50 of the nett profit after cost recovery for exploration, investment for development and operating costs. However cost recovery will be limited to a maximum of 80% of the total revenue in a year.
Profit Sharing -
Bonus -
Company shall propose how much bonus will be given at the prospecting stage if the permit sought is only for mineral prospecting and if it is a combined permit for prospecting and exploration how much will be given at the prospecting stage and how much at the exploration stage.
TAXES AND OTHER PAYMENT
Royalty -
According to the rates prescribed for each mineral according to the Myanmar Mining Law at the production stage.
Income Tax -
30% (Exempt for 3 years starting from production)
Dead Rent -
Bidder may propose Dead Rent per square kilometer for various stages of activities. (Prospecting, Exploration, Feasibility Study). Minimum Dead Rent Proposed shall not be less than US$ 15 per sq km for the Mineral Prospecting Stage. Rate of Dead Rent Proposed for various stages of activities, after the initial stage shall be at increased rates for each stages of activity.
License Fees -
According to rates prescribed by existing laws.
Governing Law -
Prevailing laws of the Union of Myanmar. BACK TO CONTENTS