AVZ Discussion 2022
- Thread starter GazDix
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For the engineer, Céléstin Kibeya General Manager of COMINIERE, "negotiations are reportedly underway with the Australian group of AVZ MINERALS", which is the majority shareholder in DATHCOM SA. But wanting to integrate COMINIERE SA alone in the new partnerships on Manono lithium, Céléstin Kibeya places a condition on Australians," that of the withdrawal of the complaint in arbitration in Paris with the CCI by AVZ MINERALS. “
No fucking way!!!!! Not until something is signed sealed and delivered. ( first part seems somewhat positive though of a resolution for us )
No fucking way!!!!! Not until something is signed sealed and delivered. ( first part seems somewhat positive though of a resolution for us )
Nellie17
Regular
AIMOO - Simon Cong is a cu.t!
Anyway they are my thoughts!
On another note, I Hope everyone has a great weekend.
Cheers,
Nells x
Condition of COMINIERE to AVZ in the ongoing negotiations; "withdrawal of the arbitration claim at the ICC"
August 25, 2023Kiki Kienge
By Kiki Kienge
Now in the Manono lithium mega-project in the province of Tanganyika in the Democratic Republic of Congo, nothing, no scenario would now be excluded.
Since 2016, the year of the creation of the joint venture DATHCOM MINING by COMINIERE and the Chinese group DATHOMIR, which saw the arrival in 2017 of the Australians of AVZ MINERALS, that the project for the development of one of the most rich lithium deposits in the world, fail to take off despite the feasibility studies carried out by AVZ MINERALS after its purchase of 60% of DATHOMIR's shares in the joint venture.
Political interference from the old and the new regime in the Manono project, management and not too Catholic collaborations between the partners of DATHCOM, commissions and retro-commissions have meant that today the partners of this joint venture all meet one way or another in national and international legal complaints.
Finally, the showdown between the then interim management of COMINIERE, which was confirmed by the Head of State, Félix Tshisekedi with Célestin Kibeya at the head, in particular the appointment as President of the Board of Directors of Lisette Tshibwabwa very close to the President of the Republic, who was particularly involved in the sale of the 15% of the shares of the Congolese State to the Chinese of ZIJIN, in order to achieve the long-awaited production of the exploitation of the lithium of Manono by this new staff.
The COMINIERE having almost recovered the 5% das Mauritians of the MMCS, had actually owned 10% of the shares of DATHCOM and the majority of the shares divided between AVZ MINERALS and DATHOMIR.
Following the conflicts with the Australians of AVZ MINERALS, the management of COMINIERE supported of course by the power of Kinshasa, resolved to terminate the contract of the DATHCOM joint venture "in particular flouting the agreements" of 2017 between the partners, in order to leave with new contracts that would allow it to hold the majority of the Manono lithium project, after the sale of its own shares in the DATHCOM joint venture (according to the report of the General Inspectorate of Finance of the DR Congo).
"This termination of the contract at the initiative of COMINIERE SA took place on April 4, 2023, and following the consequences to be drawn from this termination, on April 7, 2023 COMINIERE SA assigned the Mining Cadastre (CAMI) to the Tribunal de Grande Instance of Kalemie. It is in partial execution of judgment RC 381S / RH 0242 rendered by the Tribunal de Grande Instance of Kalemie on May 3, 2023 between it and CAMI, that PR 13359 formerly sold to DATHCOM MINING SA under the permit transfer contract of January 13, 2017, has been reinstated in the name of COMINIERE SA. On May 9, 2023, there was partial execution on the part of CAMI of this judgment, since it was noted by the latter in its register that the other concessions transferred to DATHCOM MINING SA ended up with other holders. are found with other holders.Can we read in an article in the weekly Géopolis for the month of July 2023.
COMINIERE SA plans, after its termination of the DATHCOM agreement, to sign three joint venture contracts on the entire 13359 permit of the Manono deposit, thus to increase its financial income and the creation of several job positions that the DATHCOMM agreement of 2017, of course not considering the future final decision of the Paris arbitration at the ICC on the part of AVZ MINERALS.
For the engineer, Céléstin Kibeya Managing Director of COMINIERE, “negotiations are underway with the Australian group AVZ MINERALS” , which is the majority shareholder in DATHCOM SA. But wanting to integrate COMINIERE SA alone in Manono's new lithium partnerships, Céléstin Kibeya poses a condition to the Australians, “that of the withdrawal of the complaint to arbitration in Paris with the CCI by AVZ MINERALS. "
Célestin Kibeya would confirm in particular that the discussions between his team of COMINIERE and the leaders of AVZ MINERALS, would evolve in a good direction for both parties at this time...
In reality, the facts show that, if COMINIERE Se ignored the ongoing arbitration at the ICC, this decision would only have the effect of maintaining the status quo in the Manono lithium project, something that the DR Congo should at all costs avoided price seeing the new discoveries of lithium deposits in the world and the new techniques in the manufacture of batteries without the intervention of lithium.
According to Céléstin Kibeya, COMINIERE would be aware of the problems and damage to its interests following a circumvention or ignored the arbitration of Paris.
I wonder if this is the reason for Nigel's happy face.
I hope Nigel & Legal Team gives CKK the amount of trust he deserves which is Zilch, Nada, Fukall.
Cumquat Cap
Regular
Nice to see Celestin the dumb fuq mention how detrimental an ICC loss would be, pressure certainly building
You can see why AVZ went to ICC for the emergency injunction to prevent exactly what Kibeya is allegedly trying to do/ has done. Instead of dropping the ICC case, AVZ should do a big FU and go back to court to impose the $50k euro per day penalty. That’ll ruffle Felix feathers if that sum is increasing by the day. Maybe we should post a daily penalty tally on Twitter similar to the $300k lost tax revenue calculator.
its Lars. Stop creating shit
Frank
Top 20
Primera: a sulphurous contract for a dangerous monopoly (Alfred Maisha)
The elected representative of the electoral district of Bukavu in South Kivu, Alfred Maisha quotes the ministers Adèle Kayinda of the Portfolio, Antoinette N'Samba of Mines and Nicolas Kazadi of Finance, in the sulphurous file of Primeira.
The three ministers granted this firm under Emirati law exorbitant advantages for the exploitation of gold, cassiterite and cobalt in the provinces of North and South Kivu as well as Maniema.
It is a huge loss for the Republic, warns the elected representative of South Kivu.
The mail service of the office of the National Assembly received on Wednesday August 23, 2023 a file concerning a parliamentary control initiative by national deputy Alfred Maisha.
This is a written question addressed to three members of the Sama Lukonde government.
The Ministers Adèle Kayinda, Antoinette N'Samba and Nicolas Kazadi, respectively Minister of State in charge of the Portfolio, Minister of Mines and Minister of Finance, are concerned by this parliamentary exercise.
“Congolese companies and Congolese processing entities pay 12% of the value of each shipment of minerals for export.
Where Congolese companies pay 12%, Primera will only pay 3.5%. We have calculated only for coltan, the Congolese treasury pays 80% of its income during a month.
To see the flow, we will lose $500 million every month for the three provinces and for 25 years,” said MP Maisha.
Damning revelations that establish the existence of a real organized mafia in the sector.
On leaving the office of the National Assembly, the elected UNC indicated that “the company Primera only brings 20 thousand dollars ($ 20,000) in royalties to the Congolese government.
And in the $20,000, the DRC pays $9,000 and the Emirati company brings only $11,000 to make a whole.
Surprising as it may seem, for the $11,000, the three members of the government grant a 25-year monopoly for gold, coltan, cassiterite, cobalt… in short, the three Ts for 25 years for the northern provinces -Kivu, South Kivu and Maniema.
It is unacceptable.
In terms of obligation, the DRC undertakes to force the Sakima company, which owns all these deposits, to sign an agreement with the Primera company for 25 years, for only $11,000.
Primera becomes the only company able to market Congolese gold, coltan, cobalt, cassiterite for 25 years,” MP Maisha complains.
And it's not over.
Primera is granted a privileged tax regime, several unprecedented exemptions, and where it has to pay a lot of money, and this at the cost of scandalous reductions, he laments.
For Coltan alone, Congolese companies pay, as treatment, 12% of the value of each commodity less than the cargo of minerals for export.
Details that send shivers down your spine.
Kayinda, Nsamba and Nicolas Kazadi have renounced the privilege of DRC sovereignty
According to the member Sacred Union, the three members of the government mentioned above have renounced the privilege of the sovereignty of the Democratic Republic of Congo.
"I'm not making it up. The contract is there, I have it”, he certifies in front of the press to put the nation on alert in relation to this enormous shortfall.
Because, he underlines, the three members of the government put the DRC on an equal footing with a private company by saying that with regard to litigation or the execution of arbitration or judicial decisions arising from this convention, "the DRC will not mention its right to sovereignty or the immunities attached thereto”.
This amounts to saying that in execution of a judgment produced by Primera, the DRC runs the risk of losing significant assets: "we may end up with the People's Palace seized, the accounts of the Public Treasury seized, the Palace of the Nation seized, buildings and symbols of sovereignty not protected.
We say it's not normal, ”insists master Maisha.
The initiator of the parliamentary control addressed to the three members of the government disapproves of this joint venture agreement between the Congolese State and the company Primera.
At the end of this agreement, it is indicated that the Primera company and the Democratic Republic of Congo have together created two Primera RDC companies.
One is Primera Gold for the gold, and the other is Primera Metals for the 3Ts.
Advantages against the Congolese State
The NGO Le Congo N’est Pas à Vendre (CNPAV) claims that the contract provides very generous tax breaks.
For the next 25 years, Primera Gold will only pay a single rate of 0.25% (a benefit “not granted to any other entity”, according to the terms of the contract).
This represents 10 times less than the taxes that apply to other artisanal gold exporting companies.
Concretely, if Primera Gold achieves a turnover of one billion US dollars, the Congolese State will only receive 2.5 million in taxes.
Worse, Primera Gold exports raw gold for refining in the United Arab Emirates.
However, the Mining Code only authorizes refining abroad when this is not possible locally.
However, a refinery has been built in Bukavu.
“All of these benefits were granted while the beneficial ownership of Primera Gold and Primera Metals remains opaque.
Indeed, until now, the government has not yet disclosed the complete list of shareholders and their real beneficiaries”, deplores the CNPAV which urgently demands the publication of this list.
An organized mafia
Each Primera company brings only 20 thousand dollars and in the 20 thousand dollars, the DRC brings only $9,000 and the Primera company $11,000.
But because of the $11,000 dollars, the three members of the government concede a monopoly of exploitation for 25 years for gold, coltan, cassiterite, cobalt, in short, three Ts for the provinces of North Kivu, South- Kivu and Maniema.
“In terms of obligations, the Democratic Republic of Congo commits the owners of all these deposits to sign an agreement with Primera for 25 years.
Because of only $11,000, Primera is retained as the only company to be able to market Congolese gold, coltan, cobalt, cassiterite, for 25 years”, laments MP Maisha.
And it's not over.
"We grant the same company a privileged tax regime, several unprecedented exemptions", underlines Maisha.
And where she (Primera) has to pay is at the outrageous discount rate, just for the Coltan.
“So we said it was inadmissible.
We put the question to the members of the government concerned because, as you know, the conventional regime has been repealed by the new mining code.
Today, we are under the legal regime and all companies are treated in the same way”, justified the elected representative of South Kivu.
Maisha easily recalls that the President of the Republic says, and with good reason, that he wants to create Congolese millionaires.
“It is not by granting illegal exemptions to a foreign company that we are going to create Congolese millionaires,” he warns.
Finally, what seems even more serious in this case is in terms of the settlement of disputes.
The three members of the government have renounced the privilege of the sovereignty of the Democratic Republic of Congo and thus put the DRC on an equal footing with a private company.
Thus, for litigation or the execution of arbitral or judicial decisions arising from this convention, the DRC will not invoke its right to sovereignty or the immunities attached thereto.
In addition, the Sakima company, which the three members of the government are enjoining to sign joint venture contracts with the Primera company, is in trouble.
"This company has already signed contracts of the same nature with companies under Congolese law, which are not prepared to give up their rights", explains the national deputy.
These are the companies Amir SARL, CDMC SARL, STONE Mining Company.
www.mediacongo
The elected representative of the electoral district of Bukavu in South Kivu, Alfred Maisha quotes the ministers Adèle Kayinda of the Portfolio, Antoinette N'Samba of Mines and Nicolas Kazadi of Finance, in the sulphurous file of Primeira.
The three ministers granted this firm under Emirati law exorbitant advantages for the exploitation of gold, cassiterite and cobalt in the provinces of North and South Kivu as well as Maniema.
It is a huge loss for the Republic, warns the elected representative of South Kivu.
The mail service of the office of the National Assembly received on Wednesday August 23, 2023 a file concerning a parliamentary control initiative by national deputy Alfred Maisha.
This is a written question addressed to three members of the Sama Lukonde government.
The Ministers Adèle Kayinda, Antoinette N'Samba and Nicolas Kazadi, respectively Minister of State in charge of the Portfolio, Minister of Mines and Minister of Finance, are concerned by this parliamentary exercise.
“Congolese companies and Congolese processing entities pay 12% of the value of each shipment of minerals for export.
Where Congolese companies pay 12%, Primera will only pay 3.5%. We have calculated only for coltan, the Congolese treasury pays 80% of its income during a month.
To see the flow, we will lose $500 million every month for the three provinces and for 25 years,” said MP Maisha.
Damning revelations that establish the existence of a real organized mafia in the sector.
On leaving the office of the National Assembly, the elected UNC indicated that “the company Primera only brings 20 thousand dollars ($ 20,000) in royalties to the Congolese government.
And in the $20,000, the DRC pays $9,000 and the Emirati company brings only $11,000 to make a whole.
Surprising as it may seem, for the $11,000, the three members of the government grant a 25-year monopoly for gold, coltan, cassiterite, cobalt… in short, the three Ts for 25 years for the northern provinces -Kivu, South Kivu and Maniema.
It is unacceptable.
In terms of obligation, the DRC undertakes to force the Sakima company, which owns all these deposits, to sign an agreement with the Primera company for 25 years, for only $11,000.
Primera becomes the only company able to market Congolese gold, coltan, cobalt, cassiterite for 25 years,” MP Maisha complains.
And it's not over.
Primera is granted a privileged tax regime, several unprecedented exemptions, and where it has to pay a lot of money, and this at the cost of scandalous reductions, he laments.
For Coltan alone, Congolese companies pay, as treatment, 12% of the value of each commodity less than the cargo of minerals for export.
Details that send shivers down your spine.
Kayinda, Nsamba and Nicolas Kazadi have renounced the privilege of DRC sovereignty
According to the member Sacred Union, the three members of the government mentioned above have renounced the privilege of the sovereignty of the Democratic Republic of Congo.
"I'm not making it up. The contract is there, I have it”, he certifies in front of the press to put the nation on alert in relation to this enormous shortfall.
Because, he underlines, the three members of the government put the DRC on an equal footing with a private company by saying that with regard to litigation or the execution of arbitration or judicial decisions arising from this convention, "the DRC will not mention its right to sovereignty or the immunities attached thereto”.
This amounts to saying that in execution of a judgment produced by Primera, the DRC runs the risk of losing significant assets: "we may end up with the People's Palace seized, the accounts of the Public Treasury seized, the Palace of the Nation seized, buildings and symbols of sovereignty not protected.
We say it's not normal, ”insists master Maisha.
The initiator of the parliamentary control addressed to the three members of the government disapproves of this joint venture agreement between the Congolese State and the company Primera.
At the end of this agreement, it is indicated that the Primera company and the Democratic Republic of Congo have together created two Primera RDC companies.
One is Primera Gold for the gold, and the other is Primera Metals for the 3Ts.
Advantages against the Congolese State
The NGO Le Congo N’est Pas à Vendre (CNPAV) claims that the contract provides very generous tax breaks.
For the next 25 years, Primera Gold will only pay a single rate of 0.25% (a benefit “not granted to any other entity”, according to the terms of the contract).
This represents 10 times less than the taxes that apply to other artisanal gold exporting companies.
Concretely, if Primera Gold achieves a turnover of one billion US dollars, the Congolese State will only receive 2.5 million in taxes.
Worse, Primera Gold exports raw gold for refining in the United Arab Emirates.
However, the Mining Code only authorizes refining abroad when this is not possible locally.
However, a refinery has been built in Bukavu.
“All of these benefits were granted while the beneficial ownership of Primera Gold and Primera Metals remains opaque.
Indeed, until now, the government has not yet disclosed the complete list of shareholders and their real beneficiaries”, deplores the CNPAV which urgently demands the publication of this list.
An organized mafia
Each Primera company brings only 20 thousand dollars and in the 20 thousand dollars, the DRC brings only $9,000 and the Primera company $11,000.
But because of the $11,000 dollars, the three members of the government concede a monopoly of exploitation for 25 years for gold, coltan, cassiterite, cobalt, in short, three Ts for the provinces of North Kivu, South- Kivu and Maniema.
“In terms of obligations, the Democratic Republic of Congo commits the owners of all these deposits to sign an agreement with Primera for 25 years.
Because of only $11,000, Primera is retained as the only company to be able to market Congolese gold, coltan, cobalt, cassiterite, for 25 years”, laments MP Maisha.
And it's not over.
"We grant the same company a privileged tax regime, several unprecedented exemptions", underlines Maisha.
And where she (Primera) has to pay is at the outrageous discount rate, just for the Coltan.
“So we said it was inadmissible.
We put the question to the members of the government concerned because, as you know, the conventional regime has been repealed by the new mining code.
Today, we are under the legal regime and all companies are treated in the same way”, justified the elected representative of South Kivu.
Maisha easily recalls that the President of the Republic says, and with good reason, that he wants to create Congolese millionaires.
“It is not by granting illegal exemptions to a foreign company that we are going to create Congolese millionaires,” he warns.
Finally, what seems even more serious in this case is in terms of the settlement of disputes.
The three members of the government have renounced the privilege of the sovereignty of the Democratic Republic of Congo and thus put the DRC on an equal footing with a private company.
Thus, for litigation or the execution of arbitral or judicial decisions arising from this convention, the DRC will not invoke its right to sovereignty or the immunities attached thereto.
In addition, the Sakima company, which the three members of the government are enjoining to sign joint venture contracts with the Primera company, is in trouble.
"This company has already signed contracts of the same nature with companies under Congolese law, which are not prepared to give up their rights", explains the national deputy.
These are the companies Amir SARL, CDMC SARL, STONE Mining Company.
www.mediacongo
Cumquat Cap
Regular
Can Zijin delay a third time? Tha
Damn that looks bad, Felix losing control
Is Kiki getting a private line with Celestine? He seems to be pushing for us to negotiate with Cominiere in the last few days.
I dont know what there is to negotiate. Gives us the 15% and the Mining License, simples
Relieve one's embarrassment.
TDITD
Top 20
Slight typo there Winenut, all fixed nowView attachment 42884
You put your criminals in
You put your law abiders out
You pull your paper bag out and you shake it all about....
It's the DRC Hokey Pokey....
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