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Part B: Mineral Rights - Part B-6: Beneficiation - Processing, Trade & Transport - 35. Beneficiation – Processing, Trade and Transport - 35.6 Obligations of the Authorised Processing Facility, Trader/Dealer and Transporter Licence Holder | 35.6(b) Use of Domestic and Regional Inputs

Use of domestic and regional inputs refers to an obligation to procure goods and services necessary to the licensee’s business from sources that are indigenous to the African jurisdiction or region. Consistent with the goal of promoting linkages in the extraction, processing, marketing and transportation of development minerals, as contemplated by the African Mining Vision, this obligation aims to promote the procurement of goods and services for the licensee’s operations from local African sources. This is relevant to Authorised Processing Facilities.

35.6(b) Example:

Article [_]

(1) Unless otherwise excused by the licensing entity, an Authorised Processing Facility shall develop a plan for the procurement of goods and services available in [jurisdiction] and in particular within the area of operations of the processing facility, or if the goods and services are not available within said area, then from sources based within the national jurisdiction of the processing facility, failing which the Authorised Processing Facility may source from member states of the African Union.

(2) The plan referred to in subsection (1) above shall be submitted to the entity that issued the Authorised Processing Facility licence within [_] days of the issue of the licence.

(3) The licensing entity shall review the plan, which shall comply with this [Act][Code][Law] and the business laws of [Country] [or of the provincial/state jurisdiction of the regulating authority] and where necessary may consult with the [entity regulating commerce and trade in the jurisdiction]. The licensing entity may require additional information or modification of the plan by written notice to the Authorised Processing Facility licensee within [thirty] days of the date of submission of the plan or of any subsequent submission in response to a request of the licensing entity.

(4) The licensing entity shall issue its approval of the plan within thirty days of the submission of the plan or of the latest submission in response to a request from the licensing entity for additional information or modification of the plan, provided that there is no further request for additional information or modification of the proposed procurement plan outstanding.

(5) Unless excused as provided in subsection (1), the Authorised Processing Facility licensee shall implement the procurement plan approved by the regulating entity.

(6) Unless excused as provided in subsection (1), the Authorised Processing Facility licensee shall file an annual report with the entity setting forth the results of the implementation of the plan during the covered year, as further specified in the regulations.

Annotation

This provision requires every Authorised Processing Facility to prepare a plan for the procurement of local goods and services; and where such local goods and services are not available in the jurisdiction, to procure them from sources within any AU member state. Provision is made for the possible exemption of small licensees by the licensing entity.

The plan is to be filed with the licence issuing entity for review and approval. The licensing entity must either review and approve the plan or request additional information or modification within 30 days of the filing or any supplemental filing. In this example, the plan would be developed and submitted by the licensee after receiving the licence. Alternatively, it could be required as an element of the application for an Authorised Processing Facility licence, with implementation of the approved plan being a condition of the licence.

The Authorised Processing Facility is required to implement the approved plan and file annual reports on the results achieved by the implementation of the plan (except in the case of excused licensees).