X

Map Disclaimer

Information in this screening tool is provided for informational purposes only and does not constitute legal or scientific advice or service. The World Bank makes no warranties or representations, express or implied as to the accuracy or reliability of this tool or the data contained therein. A user of this tool should seek qualified expert for specific diagnosis and analysis of a particular project. Any use thereof or reliance thereon is at the sole and independent discretion and responsibility of the user. No conclusions or inferences drawn from the tool or relating to any aspect of any of the maps shown on the tool, should be attributed to the World Bank, its Board of Executive Directors, its Management, or any of its member countries.

The boundaries, colors, denominations, and other information shown on any map the tool do not imply any judgment or endorsement on the part of the World Bank concerning the delimitation or the legal status of any territory or boundaries. In no event will the World Bank be liable for any form of damage arising from the application or misapplication of the tool, any maps, or any associated materials.

Part B: Mineral Rights - Part B-6: Beneficiation - Processing, Trade & Transport - 35. Beneficiation – Processing, Trade and Transport - 35.5 Certification of Development Minerals Products | 35.5(b) Certification of Origin

This section should deal with the requirement that each development mineral product or by-product should be certified so as to identify the source of the development mineral through its value chain. As such, the miner, processing plant, trader and transporter all must ensure that their products carry a certificate of origin for traceability purposes which will also assist to enhance compliance with other laws (environmental, labour, trade licensing, etc.). The specifics of who is authorised to do the certification of origin, and what it should include, should be set forth in the regulations, based on what is feasible and workable in the existing national and local context.

35.5(b) Example:

Article [_]

Each holder of an exploitation licence for development minerals who directly disposes of any development minerals to a third party shall either (a) deliver a certificate of origin of the development minerals as prescribed in the Regulations to the party to whom he is disposing the development minerals or (b) sell the development minerals as uncertified with respect to origin..

Article [_]

Every Authorised Processing Facility, Authorised Trader or Authorised Transporter shall either (a) provide to the authorities and to their buyers, on demand, the original or a copy of the certificate of origin of the development minerals in their custody or (b) declare to the authorities and to their buyers that such development minerals are not certified with respect to origin.

Article [_]

(1) A certificate of origin of development minerals shall be established by the person(s) authorised to do so in the regulations for the implementation of this [Act][Code][Law] and shall certify as to the matters prescribed in the regulation in accordance with the procedure and conditions set forth therein.

(2) In general, a certificate of origin of development minerals and related mineral by-products shall certify the site from which such products were extracted and further certify that:

(a) the minerals were extracted under a valid licence for exploitation of the development minerals at the site;

(b) the site was not under the control of any armed military group;

(c) the minerals were extracted by labour that was independent or employed without coercion, and not by children under the age of [18]; and

(d) based on due diligence conducted by the person establishing the certificate, the source of the working capital used in the extraction operation is known and does not include any illegal activity in the jurisdiction or, to the best of the exploitation licensee’s knowledge, in another country.

Article [_]

A copy of every certificate of origin of development minerals shall be deposited with the [department] of the [Regulating Authority] by the person who issues the certificate. The [Regulating Authority] shall maintain a database of all certificates of origin of development minerals that shall be available for consultation by the public.

Article [_]

The regulations shall specify the procedures to be followed by all holders of exploitation licences for development minerals, all Authorised Processing Facilities, all Authorised Trader/Dealers and all Authorised Transporters to assure the continuity of the identification of development minerals that are certified with respect to origin and those that are not so certified, respectively, throughout the value chain from extraction up until delivery to the ultimate consumer.

Annotation

The example does not require all actors in the development minerals sector to provide a certificate of origin. Rather, it requires them to either provide such a certificate or to explicitly sell their development mineral as uncertified with respect to origin. It therefore does not burden small scale and artisanal miners of development minerals; but it provides the buyers of such products with the ability to pressure their sellers for certification.

The example also requires every participant in the value chain to either provide the original or a copy of the certificate of origin or declare the development minerals that they are selling or transporting to be uncertified with respect to origin. The expectation is that all major projects in the market will require their suppliers to provide certification of origin.

The example leaves to the regulations the specifics of who is authorised to establish certificates of origin, as well as what their scope should be; but it provides some guidance with regard to scope. The regulations will also specify the procedures that all licenced Processing Facilities, Traders and Transporters are to follow in order to ensure that development minerals for which the origin is certified are kept separate from development minerals whose origin has not been certified (the price for which will presumably be lower).

For purposes of verification, the example provides for a copy of every certificate of origin to be filed with a specified department of the Regulating Authority, which is to maintain a database of such certificates that the public can consult.