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AngloGold Ashanti Annual Financial Statements 2010
Risk management and internal controls
Any existing and new mining and exploration operations and
projects that the company carries out in these countries will
continue to be subject to various national and local laws,
policies and regulations governing the ownership, prospecting,
development and mining of mineral reserves, taxation and
royalties, exchange controls, import and export duties and
restrictions, investment approvals, employee and social
community relations and other matters.
If, in one or more of these countries, AngloGold Ashanti were
not able to obtain or maintain necessary permits,
authorisations or agreements to implement planned projects or
continue its operations under conditions or within time frames
that make such plans and operations economic, or if legal,
ownership, fiscal (including all royalties and duties), exchange
control, employment, environmental and social laws and
regimes, or the governing political authorities change
materially, resulting in changes to such laws and regimes, this
could have a material adverse affect on AngloGold Ashanti’s
operating results and financial condition.
Certain of the countries in which AngloGold Ashanti has
mineral deposits or mining or exploration operations, including
the DRC, Guinea and Colombia, have in the past
experienced, and in certain cases continue to experience, a
difficult security environment as well as political instability. In
particular, various illegal groups active in regions in which the
company are present may pose a credible threat of terrorism,
extortion and kidnapping, which could have an adverse effect
on its operations in such regions. In the event that continued
operations in these countries compromise the company’s
security or business principles, AngloGold Ashanti may
withdraw from these countries on a temporary or permanent
basis. Furthermore, the company has at times experienced
strained relationships with some of the communities in which
it operates. This could have a material adverse impact on
AngloGold Ashanti’s results of operations.
In December 2008, the National Council for Democracy and
Development, led by Moussa Dadis Camara, seized power in
Guinea after the death of the country’s long-standing president
Lasana Conte. On 3 December 2009, President Camara was
shot and injured in an apparent assassination attempt and
subsequently signed a transition agreement allowing for
presidential elections and the transfer of Guinea back to civilian
rule. A new transitional government was appointed while
elections were held. The first round of elections was held but,
as a clear winner did not emerge, a second round of elections
took place after a prolonged delay on 7 November 2010 and
ultimately Alpha Conde, was sworn in as Guinea’s president on
21 December 2010. Some unrest and protest accompanied
and followed the elections. However, the elections were
deemed successful and Conde was installed as Guinea’s first
democratically elected president. Recently, Conde confirmed
his commitment to a review of all mining contracts under the
auspices of international law, indicating that Guinea would
seek to own a stake of at least a third of all mining projects
located in Guinea. Currently the Government of Guinea holds
a stake of 15% in the Siguiri Gold Mine. The review process
has not yet commenced and AngloGold Ashanti is currently
unable to predict the timing and outcome of such review.
In Guinea, Mali and Tanzania, AngloGold Ashanti is due
refunds of input tax and fuel duties which remain outstanding
for periods longer than those provided for in the respective
statutes. In addition, the company has other outstanding
assessments and unresolved tax disputes in a number of
countries, including Brazil, Argentina and Ghana. If the
outstanding VAT input taxes are not received, the tax disputes
are not resolved and assessments favourable to AngloGold
Ashanti are not made, there could be an adverse effect upon
the company’s results of operations and its financial condition.
AngloGold Ashanti may also be impacted by the outcome of
elections in jurisdictions in which it has operations and ancillary
political processes leading up to elections. The company
expects elections to occur in in the DRC in 2011 and in South
Africa in 2014.
In February 2010, AngloGold Ashanti and other mining
companies in Ghana received notice that the country’s
government was considering a review and amendments to its
fiscal mining regime. The government of Ghana has
subsequently amended its fiscal mining regime and should it
seek to impose this new increased royalty rate on the company,
AngloGold Ashanti may challenge it in light of the stability
agreement entered into by the company with the government
of Ghana in December 2003 and which was subsequently
ratified by the parliament of Ghana in early 2004. No assurance
can be given that should AngloGold Ashanti challenge this new
increased royalty rate that it would ultimately succeed in the
challenge or that any dispute with the government of Ghana
would not otherwise have a material impact on the company’s
financial condition or results of operations.
In May 2010, the government of Australia proposed a
Resource Super Profit Tax (RSPT), which would have required
extractive industries, including the gold mining industry, to pay
a tax of 40% on profits from Australian operations above
Risk management and internal controls