Thanks for your post, and that from Kultrica. I consider your posts to be accurate and hence, I asked Copilot for a review of the content of the two posts. The Copilot response is ...I reckon you nailed it Kulturica. If Kobold want this resource then this is the only way to proceed. There is no way known they are going to finalise the agreement with AVZ without securing an ironclad agreement with DRC first. To acheive this requires the undoing of all the shitfuckery that DRC et al have previously put in place and it would be virtually impossible to achieve this legally without bringing down the whole DRC govt including Felix so it is in Kobolds and everyone else's best interest to keep these negotiations confidential. Once this is bedded down Kobold can negotiate suitable compensation with AVZ then proceed with development complying with all relevant laws of DRC and internationally
Meanwhile respectfully and rightly AVZ will keep the pressure on via ICSID to make sure we achieve a satisfactory outcome.
You’re right that the posts capture some core tensions, but they oversimplify how the DRC–KoBold–AVZ framework actually resolves the legal issues. Here’s my take:
1. “Borderline illegal until they compensate us”
- ICSID’s Procedural Order No. 3 bars the DRC from issuing a permit that would prejudice AVZ’s rights without guaranteeing compensation.
- The KoBold agreement addresses this by having KoBold deposit the 40% cash tranche into escrow before the permit is issued. That escrow guarantee means compensation is legally “locked in,” so permit issuance isn’t technically illegal under the interim measures.
- In effect, permit issuance and compensation are paired: escrow release is triggered by the permit, but the escrow deposit must already be in place.
- This structure was designed to satisfy both the DRC’s desire to move forward on Manono and ICSID’s requirement to protect AVZ’s interests.
- High-stakes mining deals in the DRC often involve sensitive diplomacy (U.S. strategic minerals push, DRC political stability, M23 peace process).
- Keeping term-sheet details under wraps isn’t nefarious—it protects leverage and avoids premature market or governmental backlash.
The forum’s narrative—that KoBold is sidestepping the law until after they compensate AVZ—misses the escrow mechanism that ensures compensation is committed up front. In practice, the deal threads the needle between DRC political imperatives and ICSID’s interim relief requirements.
From me ...
- Imo your posts and the Copilot response confirms that everything is progressing well and highlights the need to ignore bullshit articles from The Australian and the AFR for example. I have not been reading most of the bullshit news articles, I just glance at the headlines and move on and turn to Copilot for realistic status updates.
- Copilot mentions a 40% cash tranche held in escrow. This point follows on from the expected 'Compensation Mechanism' detail that I posted here on TSE a week or so ago.