ANALYSIS ON DRAFT LAW ON OPENNESS IN GOLD TRADE, MONGOLIA

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UNDERPINNING RATIONALE OF THE DRAFT LAW


After the Soviet era, Mongolian economy has experienced shock therapy to sustain the import of critically important food supplies.  Among other drastic measures the Government of Mongolia has started “Gold Program” which in turn increased the gold mining 15 times within 9 years. This Program benefited not only the entrepreneurs but also enabled higher international net reserve at the Central Bank.

Till year 2000, the Central Bank was the only legal purchaser and exporter of gold. In 2000 there were gold trade liberalization policy changes made to relevant laws authorizing the commercial banks a mandate to purchase and export the gold.

As the gold mining blossomed in Mongolia the gold price soared progressively at the international market the Parliament of Mongolia has enacted “68% Windfall profit tax” asserting the need to impose additional rent on the windfall revenues. Consequently, the gold mining and trade has started quietly go underground avoiding all legal frameworks including taxes. In 2005 the Central Bank had been purchasing 15.2 metric tons of gold and gradually it reached 2.0 tons in 2010.

This dramatic slump was also affected by another law against environmental damages named “Gold Mining Ban in river basins and neighboring forest areas” enacted in 2009. In the underground gold market the trade goes smoothly with only 8% charges where the total effective tax on gold is 22%.

Giving the current macroeconomic hurdles along with sharp national currency depreciation, The Government prepared an amendment to lessen the mining royalty on gold from current 5% down to 2.5% and to repeal the progressive royalty, which is imposed subject to price level. (Currently given current gold price the rate is 5%). As a result the Government envisaged the gold miners should sell their gold to the Central Bank.

How Legislators might react on the draft Law?                  


Legislators are quite critical to this draft law due to lack of research and analysis on the gold illegal mining and trade.  .... This means that MPs might need some further analysis and research on the gold mining itself rather than only its royalty rate reduction.

Some MPs have been questioning the ultimate goal of this draft law criticizing the only would be effect to increase the International net reserve of the Central Bank as a short sighted and blinded with fiction.
Genuinely, MPs would prefer to review the gold mining sector related policy within the broader framework of overall mining sector policy and the re-drafted mineral law.

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