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 | 35.10 Export Sales

The section on export sales refers to the rules or conditions that govern sales of development minerals and mineral products from the licensing country to a purchaser in another country. The sellers authorised to make such sales should be limited to nationally licenced Authorised Processing Facilities and Authorised Trader/Dealers.

The law may provide the Government with the authority to restrict export sales when there is a shortage of supply to the domestic market.

35.10 Example:

Article [_]

(1) Subject to the following section, export sales of development minerals and processed development mineral products may be made only by holders of Authorised Processing Facility licences and Authorised Trader/Dealer licences issued by the national regulating entity.

(2) Such sales by such licensees may only be made in member states of the African Union.

Article [_]

(1) In the event of shortages of development minerals and processed products in the domestic market, the Government may implement temporary measures to relieve such shortages in part by restricting export sales of such minerals and products, provided that no such restrictions will apply to future shipments made in fulfilment of an existing long-term contract under which shipments commenced at least one month before the announcement of the measures.

(2) In the event that any such temporary measures are implemented, the Government shall report to the [Legislature] on the measures implemented and the justification for such measures within their implementation and shall furnish such reports to [Legislature] on the results of such measures as the Legislature shall request.

Annotation

This example provides that only holders of Authorised Processing Facility licences and Authorised Trader/Dealer licences issued by the national regulating entity are authorised to make export sales of development minerals and processed mineral products. Furthermore, such export sales may only be made within the African Union member states.

The example provides the Government with the authority to take temporary measures to relieve any shortages in the domestic market by restricting exports, provided that it cannot restrict shipments pursuant to long term contracts signed at least two months before the announcement of the temporary measures and subject to strict requirements to report to the Legislature on the reasons for such measures and the results achieved.