AVZ Discussion 2022

BEISHA

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Found podcast with a legal perspective on our situation and it think it’s worth a listen. He starts talking about avz at the 12:10 mark. He said he had a podcast from yesterday about avz as well bu I can’t find it. I’ll try again later and post if I have any luck.


Thanks Rambo for sharing this.

Both commentator & legal eagle agree , this is a shit fest mess..........errr, derrrrrrrr!!


A few take aways.....

a) potentially a 3rd arbitration case might be added to ICC time table ( 2 SPAs with DATHOMIR + Jin Cheng snack deal) ..........could be heard concurrently ........potentially saving time and expense.....but not guaranteed.

b) Arbitration could go on for 2 years other wise............. 6 - 12 months at least......:(

c) Regards to Jin Cheng, first right of refusal to AVZ or any other deal done is null & void ( uniform law ), however if indeed 15% shares have been transferred, could be hard to claw back. AVZ would need to prove that Jin Cheng was aware of the pre emptive clause and acted NOT in " good conscience "

d) Legal eagle suggests that AVZ would more than likely not resume trading until a verdict is reached as it would be detrimental to the SP other wise.

e) Legal eagle suggests that it might be best for all parties to negotiate a deal privately and drop the court proceedings therefore allowing the project to go ahead...........essentially meaning a payout to Dathomir and going into bed with Jin Cheng one would think.........:eek::unsure:


FARKEN food for thought.


FARKEN, FARKEN, FARKEN


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FARKEN if you do, FARKEN if you dont.


FARKEN
 
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Samus

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Thanks Rambo for sharing this.

Both commentator & legal eagle agree , this is a shit fest mess..........errr, derrrrrrrr!!


A few take aways.....

a) potentially a 3rd arbitration case might be added to ICC time table ( 2 SPAs with DATHOMIR + Jin Cheng snack deal) ..........could be heard concurrently ........potentially saving time and expense.....but not guaranteed.

b) Arbitration could go on for 2 years other wise............. 6 - 12 months at least......:(

c) Regards to Jin Cheng, first right of refusal to AVZ or any other deal done is null & void ( uniform law ), however if indeed 15% shares have been transferred, could be hard to claw back. AVZ would need to prove that Jin Cheng was aware of the pre emptive clause and acted NOT in " good conscience "

d) Legal eagle suggests that AVZ would more than likely not resume trading until a verdict is reached as it would be detrimental to the SP other wise.

e) Legal eagle suggests that it might be best for all parties to negotiate a deal privately and drop the court proceedings therefore allowing the project to go ahead...........essentially meaning a payout to Dathomir and going into bed with Jin Cheng one would think.........:eek::unsure:


FARKEN food for thought.


FARKEN, FARKEN, FARKEN


View attachment 23979

View attachment 23980


View attachment 23981

FARKEN if you do, FARKEN if you dont.


FARKEN
thank-you-for-ruining-my-day-day-ruined.gif
 
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Bin59

Regular
@MoneyBags1348 - perhaps one more article for your other thread re Sama Lukonde / Felix Tshisekedi & the introduction of the Presidential Strategic Watch Council (PSWC).
(Not sure if PSWC is still active).


Excerpt:

François Muamba, the real prime minister?​

The prime minister’s power has also been reduced by the Presidential Strategic Watch Council (PSWC), a veritable monitoring body that was created when Tshisekedi and Kabila had their power-sharing deal. Its mission is to monitor the president of the republic’s commitments and ensure that the government implements them. It is headed by François Muamba, who is one of the head of state’s most influential advisors, and now occupies an unprecedented position within national institutions.

By presidential decree, the PSWC “has been placed under the direct authority of the president of the republic, from whom it receives orientations, directives and instructions and to whom it reports on its mission.” This status places it at the same level as the prime minister’s office, thus allowing it to summon government members and demand activity reports from them.

Question:

Could the PSWC request an “activity report” from the DG of CAMI / Kayinda re the Manono Project status, which then could be tabled at the Council of Ministers exerting pressure for a resolution to the stalemate - which happens in an open and transparent way.
 
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Bin59

Regular
Thanks Rambo for sharing this.

Both commentator & legal eagle agree , this is a shit fest mess..........errr, derrrrrrrr!!


A few take aways.....

a) potentially a 3rd arbitration case might be added to ICC time table ( 2 SPAs with DATHOMIR + Jin Cheng snack deal) ..........could be heard concurrently ........potentially saving time and expense.....but not guaranteed.

b) Arbitration could go on for 2 years other wise............. 6 - 12 months at least......:(

c) Regards to Jin Cheng, first right of refusal to AVZ or any other deal done is null & void ( uniform law ), however if indeed 15% shares have been transferred, could be hard to claw back. AVZ would need to prove that Jin Cheng was aware of the pre emptive clause and acted NOT in " good conscience "

d) Legal eagle suggests that AVZ would more than likely not resume trading until a verdict is reached as it would be detrimental to the SP other wise.

e) Legal eagle suggests that it might be best for all parties to negotiate a deal privately and drop the court proceedings therefore allowing the project to go ahead...........essentially meaning a payout to Dathomir and going into bed with Jin Cheng one would think.........:eek::unsure:


FARKEN food for thought.


FARKEN, FARKEN, FARKEN


View attachment 23979

View attachment 23980


View attachment 23981

FARKEN if you do, FARKEN if you dont.


FARKEN
Definitely food for thought, but I’d prefer to take advice from our DRC lawyers … not this guy ☺️

 
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@MoneyBags1348 - perhaps one more article for your other thread re Sama Lukonde / Felix Tshisekedi & the introduction of the Presidential Strategic Watch Council (PSWC).
(Not sure if PSWC is still active).


Excerpt:

François Muamba, the real prime minister?​

The prime minister’s power has also been reduced by the Presidential Strategic Watch Council (PSWC), a veritable monitoring body that was created when Tshisekedi and Kabila had their power-sharing deal. Its mission is to monitor the president of the republic’s commitments and ensure that the government implements them. It is headed by François Muamba, who is one of the head of state’s most influential advisors, and now occupies an unprecedented position within national institutions.

By presidential decree, the PSWC “has been placed under the direct authority of the president of the republic, from whom it receives orientations, directives and instructions and to whom it reports on its mission.” This status places it at the same level as the prime minister’s office, thus allowing it to summon government members and demand activity reports from them.

Question:

Could the PSWC request an “activity report” from the DG of CAMI / Kayinda re the Manono Project status, which then could be tabled at the Council of Ministers exerting pressure for a resolution to the stalemate - which happens in an open and transparent way.

Much appreciated Bin, as are all your other very informative posts!! 👍

Farken
 
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Azzler

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Man this site sucks. Sorry.
 
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Samus

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Bin59

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cruiser51

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BEISHA

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Charbella

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I agree, just my translation......... thats all.
I don’t think this guy is qualified to provide legal advice in this instance, as he is unfamiliar with DRC mining code.
 
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JAG

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JAG

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JAG

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JAG

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Azzler

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Whatever.
Is the mining licence granted yet?
Are we trading again? No?

Who gives a fuck about these political dramas in this ridiculous country.
 
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BEISHA

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I don’t think this guy is qualified to provide legal advice in this instance, as he is unfamiliar with DRC mining code.
Maybe, but he appears to know the ICC process....;)

I guess the overall point he is making, do we negotiate with 2 crook entities and avoid the ICC and get RD up and running ASAP, or do we take them on and sit on our hands for 12 months or more ?

Things that make you go...................hmmmmmmm.


imo
 
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Frank

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Japan, Congo agree to cooperate on stable supply of rare metals

Ministers from Japan and the Democratic Republic of Congo agreed on Friday to co-operate on efforts to ensure stable procurement of the rare metals in whose supply the African nation occupies a dominant role.
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Japan’s industry minister, Yasutoshi Nishimura, met the mines minister of the DRC, Antoinette N’Samba Kalambayi, who was visiting Tokyo for a roundtable meeting on rare metals that involved roughly two dozen companies.

They agreed their nations would aim for a “sustainable, mutually beneficial” relationship involving the mining industry, the government said in a statement later.

Highly-sought rare metals, such as cobalt, find use in car batteries, and Congo is the world’s top producer of the metal, accounting for 74% of global output in 2021.

Mining companies and governments in Africa are calling for stronger trade ties with the United States after its new measures set out incentives for US carmakers sourcing battery materials from trade partners.

Battery materials and trade are set to be in focus at next week’s US-Africa summit in Washington, where President Joe Biden will meet leaders of African nations, including Congo.

US bid for battery metals has Africa blind spot

Mining companies and governments in Africa are calling for stronger trade ties with the United States after a new climate law set out incentives for US carmakers sourcing battery materials from trade partners.
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The $430 billion Inflation Reduction Act (IRA) has been criticised by the European Union and South Korea, who say it could hurt their car industries.

It could also negatively impact African nations that produce battery materials.

The United States has a Free Trade Agreement in place with only one African country, Morocco. Yet the continent is a key copper producer and Democratic Republic of Congo produces most of the world’s cobalt.

Battery materials and trade are set to be a focus at next week’s US-Africa Leaders’ Summit in Washington where President Joe Biden will meet presidents of African countries including Congo.

“The IRA was intended to push out China, and what it’s ended up doing is pushing out the DRC, and the EU, and South Korea,” said Indigo Ellis, managing director at consultancy Africa Matters Limited, who will attend the Dec. 13-15 summit.

Under IRA, US carmakers will get tax credits if they source at least 40% of battery materials domestically or from American free-trade partners. This risks carmakers replacing Congolese cobalt with Australian, Canadian, Moroccan, or US cobalt.

Congo produced 74% of the world’s mined cobalt last year while the next-biggest single producer, Australia, was responsible for just 3%, according to a Cobalt Institute report.

An adviser to Congo’s President Felix Tshisekedi said a USA-DRC Free Trade Agreement “is an option for the medium to long-term, but in the short term other avenues will be explored”.

A spokesperson for the US Trade Representative (USTR) said “we look forward to discussing ways to strengthen and deepen our trade and investment ties with our partners throughout Africa” during the summit.

The IRA aims to boost US mining and processing, which some companies fear could come at the expense of value-added processing in Africa.

“The West needs to work with us to build some value-add,” said George Roach, CEO of Premier African Minerals, which has a lithium project in Zimbabwe.

His is one of many projects across sub-Saharan Africa aiming to produce battery materials like lithium, nickel and graphite.

Joe Walsh, managing director at Australia-listed Lepidico, which is building a lithium mine in Namibia and chemical plant in Abu Dhabi, said the IRA makes the United States a more attractive location for a planned second plant.

“The US is not going to be able to incentivize the development of a significant battery raw material production base of its own without ruffling a few feathers along the way.”

mining.com
 
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