Showing posts with label Mining. Show all posts
Showing posts with label Mining. Show all posts

Friday, August 31, 2012

Show the licences: SRP

Prey Lang destruction from illegal mining (Photo: CCHR)
Friday, 31 August 2012
Meas Sokchea
The Phnom Penh Post

An opposition lawmaker is calling for the government to publicise its licensing of Cambodian mines, claiming that parliament has never received formal documentation of licensed mining companies.

In a letter to Minister of Industry Mines & Energy Suy Sem last week, Sam Rainsy Party lawmaker Son Chhay demanded to know the number and location of licensed companies, how much these companies pay the government for licences, whether these companies have the right to sell their licences, and whether the government benefits from these sales, such as the one in which the Vietnamese Nam Hai Mineral Joint Stock Company, sold its licence to an Australian company for US$3 million.

Wednesday, August 29, 2012

US Dodd-Frank Bill Hoped To Benefit Oil Transparency in Cambodia

The US-listed oil giant Chevron is investing in offshore oil extraction in Cambodia, through a locally registered company.

The disclosures must also be made available online to the public, according to the law.

29 August 2012
Sothearith Im, VOA Khmer

WASHINGTON DC - A US regulatory agency has approved a section of a new law that transparency advocates say could help with resource revenue in Cambodia.

On Aug. 22, the US Securities and Exchange Commission approved a section of the law meant to protect consumers and improve financial transparency in the wake of the 2008 financial meltdown.

The Dodd-Frank Wall Street Reform and Consumer Protection Act requires the disclosure of payments by US stock exchange-listed companies to foreign governments for exploration and production of oil, gas and minerals. The disclosures must also be made available online to the public, according to the law.

That means a company doing business with Cambodia will have to report any payment, which includes “taxes, royalties, fees (including license fees), production entitlements, bonuses, and other material benefits,” the law states.

Tuesday, January 03, 2012

Chinese mine where workers were killed is under tight security

Prayers for the mine workers killed (Photo: Heng Reaksmey, VOA Khmer)
02 Jan 2012
By Heng Reaksmey, VOA Khmer
Translated from Khmer by Soch

The Chinese mine which received the authorization to operate by the ministry of Mining and Energy at the end of 2011 to explore for gold is located in Sambo district, i.e. 40 km from Kratie city. The 13-km access trail to reach the mine from the national road is difficult to access.

About 7 km on the trail, one reaches the O’Po village, located in Kbal Domrey commune, Samdo district. There, a checkpoint is set up by the Chinese company with strict guard manned by the Kratie province cops. At this checkpoint, reporters are not allowed to get in following the incident which led to the death of Cambodian workers inside a mineshaft, however, [today] a group of reporters are allowed to enter because the military police stationed at the checkpoint know them.

On Thursday, inside the Xing Yuan Kanng Yeak mine, a praying ceremony was taking place to commemorate the spirits of the workers who were killed.

Today, there are not many workers there, only 4 or 5 of them can be seen. The workers gave an interview to VOA, telling us that more than 90% of the workers left to return home after their co-workers died.

Saturday, December 31, 2011

128 firms get licenses for mineral exploration in Cambodia

December 30, 2011

PHNOM PENH (Xinhua) -- The government of Cambodia has so far granted mining concessional licenses to approximately 128 local and foreign entities to conduct mineral exploration in the country, according to an industry's report published on Friday.

Those firms have been licensed for mineral exploration, dredging and quarrying throughout Cambodia, said the report entitled "Current Trends for Mining-Related Social and Environmental Impact in Cambodia".

The report was compiled by the Extractive Industry Social and Environment Impact (EISEI) Network, which consists of a number of non-governmental organizations.

Wednesday, December 28, 2011

Cheap Cambodian life: $13,000 only!!!

Chinese Company To Be Questioned in Miners’ Deaths

Tuesday, 27 December 2011
Heng Reaksmey, VOA Khmer | Phnom Penh
“If we find the company was exploring without following specifications, we will consider withdrawing its license.”
The Ministry of Mines and Energy says it will call an urgent meeting with a Chinese gold mining company, after a mine flood killed eight Cambodian workers last week.

The eight men died on Friday, when a controlled explosion underground ruptured a water source, flooding the mine in Kratie province’s Sambor district.

Cambodia has opened an increasing number of mines in recent years, seeking to tap its mineral wealth as a potential source of national revenue.

Tuesday, April 12, 2011

$96m suit over mine [-Who will win? The Chinese or the crony?]

Tuesday, 12 April 2011
Buth Reaksmey Kongkea
The Phnom Penh Post

AN adviser to the head of Prime Minister Hun Sen’s bodyguard unit faces a US$96 million lawsuit for allegedly defrauding a Chinese mining company in a joint venture project, a lawyer for the Chinese firm said.

Officials from China’s Hong Tung Resource plan to submit an official complaint to the Phnom Penh Municipal Court this week against owners of the Nim Meng Group Company Limited, said Kouy Thunna, lawyer for Hong Tung Resource head Cheng Tung Ko. Among the targets of the complaint is Nim Meng, a general in the Royal Cambodian Armed Forces and adviser to Him Bun Heang, the head of Hun Sen’s bodyguard unit, Kouy Thunna said.

“I will file a complaint to the Phnom Penh Municipal Court against Nim Meng and his wife, Mrs Lay Sineang, who are members of the Board of Directors of Nim Meng Sinohope Group Company, and also Director of the Nim Meng Group, which has broke its agreement with my client’s company,” Kouy Thunna said. Hong Tung Resource plans to seek some $87 million in damages in relation to imported mining equipment seized by Nim Meng Group, $6 million in compensation, and $3 million in loans that were never repaid, he added.

Monday, April 11, 2011

Cambodian prime minister cancels titanium mine project citing impact on biodiversity and local people

April 11, 2011
Jeremy Hance
mongabay.com

In a surprise move, the Cambodian Prime Minister, Sandech Hun Sen, has cancelled a titanium strip mine project in one of Southeast Asia’s last great intact forest ecosystems, the Cardamom Mountains. According to a press release sent out by the Cambodian government the mine was canceled due to "concerns of the impact on the environment, biodiversity and local livelihoods" of villagers. The mine, which was planned to sit directly in the migration route for the largest population of Asian elephants in Cambodia, had been largely opposed by locals in the region who spent years developing eco-tourism in the region.

"We were under the impression the battle was lost. We are very pleased that the prime minister has weighed the environmental impact," Wildlife Alliance Communications Officer John Maloy told AFP.

Wildlife Alliance, a conservation NGO, has worked extensively in Cambodia for nearly a decade, including with the village of Chi Phat near the area slated to be strip-mined. Many local had residents given up logging and poaching to focus on tourism efforts; for its part, Wildlife Alliance invested over half a million US dollars to build infrastructure.

Saturday, April 09, 2011

Cambodia says no to titanium exploitation for environment

PHNOM PENH, Apr. 8, 2011 (Xinhua) -- Cambodian Prime Minister on Friday announced not to grant exploitation license to the Khmer United Group to exploit titanium ore in Koh Kong province for fear of environment impacts, according to a press release from the Council of Ministers (CoM)

"With the concern over the impacts on environment and biological diversity as well as people living in the area, the Prime Minister Hun Sen has announced not to allow the exploitation of titanium in Koh Kong province," said the press release after the CoM's weekly meeting.

The announcement was made after the Khmer United Group has applied for exploitation license to exploit titanium ore on 20,400- hectare concession in Koh Kong province earlier this year.

Cambodia PM nixes controversial mine project

Saturday, April 09, 2011
AFP

PHNOM PENH — Cambodian Prime Minister Hun Sen has cancelled a controversial titanium mine project in the country's southwest because of environmental concerns, the government said Friday.

The premier announced the ban on the much-criticised project during a weekly cabinet meeting, the government said in a statement, despite earlier granting a private company a 20,400-hectare (50,400-acre) concession for surface mining in the densely forested Cardamom Mountains.

"Due to concerns about the impact on the environment and biodiversity as well as the living standards of the people... Hun Sen has banned the exploitation of a titanium mine in Koh Kong province," it said.

Wednesday, February 16, 2011

Cambodia's Elephants Lose Fight Against Mine -- For Now



February 15, 2011
By Andrea Kaufmann
Wildlife Alliance

Our fight against the titanium mine began in June.

Villagers stumbled upon construction workers and bulldozers in a remote part of the forest and started to ask questions.

They found out a private mining group, United Khmer Group (UKG), was involved. The development threatened more than 50,000 acres of land that was vital to the elephant corridor, to more than 70 endangered and vulnerable species as well as one of the last untouched rainforests in all of Asia.

Quickly, Wildlife Alliance worked with communities to mobilize. Thousands living in the surrounding communities -- many currently making their living through innovative ecotourism initiatives or reforestation activities -- signed a petition protesting the mine.

Suwanna Gauntlett, CEO at Wildlife Aliiance, led ministry officials from across the Cambodian government through tours of Chi Phat so they could experience firsthand the vitality of the communities, they celebrated the economic successes families were experiencing, recognized the value in preserving forests and the vital elephant corridor, and heard the strong case for protection.

The mining company made its case as well, promising high levels of immediate revenue from the titanium mine. They showcased charts and graphs that promised returns never before seen and certainly not taking into account the economies of existing communities dependent on the region’s forests or long-term impacts on the forests and wildlife.

Friday, September 10, 2010

Go further with disclosure and embrace EITI

Friday, 10 September 2010
Steve Finch
The Phnom Penh Post

"...it should be noted that countries with a far worse reputation on corruption than Cambodia have gone a great deal further on disclosure"
THE Ministry of Economy and Finance at the end of August again published data on extractive industry revenues – a sign the government is committed to at least a low level of transparency in this sector.

But this is just the first step. Just how far will Cambodia go in terms of full disclosure, and when?

Figures released in a national budget overview on August 23 showed the government needs to improve transparency as soon as possible, not least because oil, gas and mining revenues are increasing dramatically meaning more money is at stake.

In the first half of 2009, the Kingdom generated just 6 billion riels (US$1.45 million) in extractive industry revenues, a figure that multiplied 20 times in the same period this year to 118.49 billion riels, or $28.56 million.

We only know that because the government started to publish oil, gas and mining revenues for the first time last year.

When Finance Ministry Secretary General Hang Chuon Naron disclosed a $26 million payment by French energy company Total at a presentation in March, a snapshot of the government budget showed the same payment allocated for January.

But in the latest budget disclosure, there are no extractive industry revenue payments listed for January 2010, only a $27 million payment made in March.

Is this the same payment? Hang Chuon Naron and Finance Minister Keat Chhon were both unavailable for comment yesterday.

Although Cambodia has made an important first step towards transparency, the government should go further by embracing the industry standard – the Extractive Industries Transparency Initiative.

By only going a certain distance, although the budget is less opaque, in many ways the current level of disclosure simply raises more questions that it gives answers.

In May, Cambodia received 6.28 billion riels from the sector according to the published version of the state budget, more than was generated for the whole of the first half of 2009.

Where did this payment come from?

The first step for the government in becoming an EITI candidate country would be to disclose oil, gas and mining revenues in full and allow private companies to do the same.

The EITI itself, along with a multi-stakeholder group, would then oversee this budgeting process – the idea is that the possibility for discrepancies between the two accounts dissuades graft.

Again, Cambodia has already gone halfway towards this standard. The government has permitted civil society groups including NGO Forum to act as observers on an inter-ministerial extractive industries working group that considers revenue transparency.

Crucially, civil society groups say they have previously applied for permanent member dialogue status but were denied.

Although there is understood to be differing opinions on EITI compliance within the government, it should be noted that countries with a far worse reputation on corruption than Cambodia have gone a great deal further on disclosure.

Chad, which lies 17 places lower than the Kingdom on Transparency International’s corruption perception index, in April became an EITI candidate, meaning it will now begin “double disclosure” of all sector payments – the state and private companies will publish payments
separately.

Iraq and Afghanistan, which between them occupy two of the bottom five positions on the corruption index, committed to the same EITI process in February. Now it should be Cambodia’s turn.

Friday, September 03, 2010

Cambodia’s Blind-Eye

"Didn't anybody tell you guys that in the kingdoom of blinds, the one-eye blind like me is the king?"

September 3, 2010
By Ulara Nakagawa
The Diplomat

"One can only hope that the government of this vibrant and resilient nation will come to put its people’s long-term well-being first when making such major decisions that for now seem entirely about short-term gains for its economy"

KI-Media Note: Oh, come on, Ms. Nakagawa, did you already forget that you wrote at the beginning of your article: "the impoverished nation, which has lately also been garnering international criticism on human rights issues"? Do you believe such regime would heed your hope?
It isn’t the likeliest place to house Asia’s tallest building, but Cambodia has officially made known that it plans to build a skyscraper that stands 1,820-feet (555-metres) high in its capital city of Phnom Penh. The slightly ‘off’ nature of this news hasn’t gone unnoticed by many. The Associated Press for instance states (with a hint of irony?) that the new structure will stand in ‘a dusty city of colonial villas (and) slums,’ while Reuters points out that ‘real estate companies questioned whether there was much demand for a building half a kilometre high in the capital of one of Asia's poorest countries.’

Indeed, it seems ironic that the impoverished nation, which has lately also been garnering international criticism on human rights issues, would be investing such a large sum of public funds into a building that seems to be no more than a status symbol for the government and the few well-to-do. Construction of the proposed tower, as publicly announced this week by Cambodian Prime Minister Hun Sen, doesn’t have a scheduled starting date yet, but will cost about $200 million to build.

Meanwhile, there is also talk of another large infrastructural change brewing in the small country—the construction of a titanium mine in Koh Kong province that is slated to begin next year. This project, which would be the largest mine ever built in Cambodia, has drawn protests locally and from around the world, as it threatens to destroy ‘144,000 hectares of protected forest in the district, as well as ecotourism projects that support 150 families in Chi Pat commune.’

I visited the unforgettable Chi Pat village last year, and spoke to members of the Wildlife Alliance conservation organization there, who mentioned to me that this area is also an important elephant corridor (the Southwest Elephant Corridor), and that ecotourism (not titanium mines) offers hope for the majestic creatures’ future survival.

Non-profit organization Care2 lays the facts out eloquently on their website, describing the area threatened by the proposed mine, the Cardamom Mountains, as a home also to species like Malayan sun bears, pileated gibbons, Siamese crocodiles and half of Cambodia's bird species—on top of being inhabited by the 100 wild Asian elephants, the country's largest population.

Care 2 also reminds us that the project will likely damage to rivers key to fisheries, agriculture and drinking water for local populations and wildlife and spoil ecotourism programs in the region that ‘bring revenues and jobs to poor rural people while preserving the natural environment.’

Furthermore, it seems that the Cardamom Mountains are very close to being recognized globally as being a prime example of the conservation movement and an ideal model for community-based and sustainable economic development. But, according to the organization, ‘if the government allows mining, for the sake of a few years of mineral extraction, Southwestern Cambodia would lose forever the forest, the elephant corridor, and the chance for a sustainable future for local communities. All that would be left would be a massive hole in the ground and surrounding ecological devastation.’

One can only hope that the government of this vibrant and resilient nation will come to put its people’s long-term well-being first when making such major decisions that for now seem entirely about short-term gains for its economy.
-----------
Ulara Nakagawa

Ulara Nakagawa is associate editor of The Diplomat. Now based in Tokyo, she has worked in related fields for organizations including the The Ministry of Education, The Economist Group and has written for publications including The Japan Times. In addition to her current line of work, she is interested in finding pathways to contribute positively to the world community, the Internet, photography, cross-cultural topics, oral tradition, nature programs, sustainable food and more
.

Thursday, September 02, 2010

Secret titanium mine threatens Cambodia's most untouched forest

Cardamom Mountain Range waterfall popular with ecotourists. Photo courtesy of the Wildlife Alliance.
Map of the mining area. Click image to enlarge.
American tourists on birdwatching tour led from Chi Phat
Spoonbills in flight photographed from helicopter. Photos courtesy of the Wildlife Alliance.
Forest Cover Statistics
Khmer burial jars (300-500 years old) in one of 12 known archaeological sites in the Cardamoms. Photo courtesy of the Wildlife Alliance.
Map of the mining area. Click image to enlarge.

September 01, 2010
Jeremy Hance
mongabay.com


Although the mining consortium, United Khmer Group, has been drawing up plans to build a massive titanium mine in a Cambodian protected forest for three years, the development did not become public knowledge until rural villagers came face-to-face with bulldozers and trucks building access roads. Reaction against the secret mine was swift as environmentalists feared for the impacts on wildlife and the rivers, local villagers saw a looming threat to their burgeoning eco-tourism trade, and Cambodian newspapers began to question statements by the mining corporation. While the government has suspended the roadwork to look more closely at the mining plans, Cambodians wait in uncertainty over the fate of one of most isolated and intact ecosystems in Southeast Asia: the Cardamom Mountains.

Spreading over some 2 million hectares (5 million acres) the Cardamom Mountains contain a startling biodiversity, including some 250 bird species, half of those recorded in Cambodia. Rare species such as Malayan sun bears, Indochinese tigers, pileated gibbons, and Siamese crocodiles inhabit the region. The largest population of Asian elephants in Cambodia, numbering about a hundred individuals, also roams this region.

If built, the titanium mine will stretch some 15,000 to 20,000 hectares (37,000 to 50,000 acres) of the Cardamom Mountains. Construction of the pit will require deforestation and burial of vast amounts of waste; such waste often results in the destruction or pollution of important waterways.

Michael Zwirn, head of Wildlife Alliance's US operations, described the impact to wildlife in the region as "very serious", adding that the mine would particularly imperil freshwater species, such as the Siamese crocodile, which is listed as Critically Endangered by the IUCN Red List. In addition, the mine will sit right in the middle of an elephant migration route, endangering a quarter of Cambodia's wild elephants.

For locals the announcement of a mine in their backyard could not come at a worse time. The village of Chi Phat has spent years developing sustainable eco-tourism in the region. Many of the locals have left off poaching and logging for tourism and their efforts had begun to pay off: Lonely Planet, one of the most recognized travel guide companies in the world, named the area, known also as the Koh Kong Conservation Corridor, among the "World’s Top 10 Regions for 2010".

Villagers are currently working with Wildlife Alliance on a new lodge to attract even more tourists to the once little-visited site. The conservation organization has spent over half a million US dollars to build an eco-tourism base in the area.

According to Zwirn, the town of Chi Phat is "almost universally opposed to the mine" since "communities have staked their economic development on environmentally friendly tourism". Seven hundred and sixty-six villagers, including the village chief, have already signed a petition against the mine for Cambodia's Prime Minister Hun Sen.

In face of opposition it has become increasingly unclear as to the status of the mine. Zwirn says that in Cambodian "ministries have sent very contradictory signals".

"It's not clear who's making some of these decisions, and it's not even clear what some of these decisions are. It's not clear how the process is being made."

Zwirn adds that a significant portion of the government appears to oppose the mine, but that may not be enough to stop it. According to reports the mine was initially approved by the Ministry of Industry, Mines, and Energy, yet the ultimate decision rests with the Ministry of Commerce.

"This is a perfect example of unplanned and uncoordinated development," Suwanna Gauntlett, CEO of Wildlife Alliance, said in a statement.

Not only the government, but the mining corporation has also faced criticism. The CEO of United Khmer Group, Chea Chet, stated that the mine would raise revenues of 2,500 US dollars a ton. However, the Phnom Penh Post, which calls Chet's assertion "frankly absurd", reports that titanium has been selling for less than a third that amount.

"Even if the ultimate revenues are far less than they promised they are still making money," Zwirn explains. No matter what profits the company makes it's not certain those funds would stay in Cambodia: Zwirn says that the project is being backed by Vietnamese and Chinese interests, but the company has refused to disclose the names of the private investors involved in the project.

In addition, questions have been raised as to the amount of ilmenite, which is the mineral mined for titanium production, in the area. Chea Chet has stated that United Khmer Group expects to pull up 120 million tonnes. Yet, Wildlife Alliance counters that the area was explored by another mining company, Omsaura, which estimated that only 2.5 million tonnes would be available, about 2 percent of Chet's claim.

Zwrin says that the company is playing "classic bait and switch". By "vastly overstating the [expected] revenues" United Khmer Group is using visions of riches to pressure the government for approval.
Conservationists fear that if this titanium mine is approved it will open the door to a variety of industrial projects in the region ultimately devastating one of Southeast Asia's last pristine forests. The Phnom Penh Post reports that if the titanium mine is successfully approved, China is planning three to four more mines covering 100,000 hectares (247,000 acres) in the Cardamom Mountains.

Endangered species found in the Cardamom Mountains according to the IUCN Red List:
  • Asian elephant (Elephas maximums): Endangered
  • Banteng (Bos javanicus): Endangered
  • Burmese python (Python molurus): Near Threatened
  • Clouded leopard (Neofelis nebulosa): Vulnerable
  • Dhole (Cuon alpinus): Endangered
  • Frog-faced softshell turtle (Pelochelys cantorii): Endangered
  • Gaur (Bos gaurus): Vulnerable
  • Green peafowl (Pavo muticus): Endangered
  • Indochinese tiger ( Panthera tigris corbetti): Endangered
  • Malayan sun bear (Helarctos malayanus): Vulnerable
  • Pileated gibbon (Hylobates pileatus): Endangered
  • Siamese crocodile (Crocodylus siamensis): Critically Endangered
  • Smooth-coated otter (Lutrogale perspicillata): Vulnerable
  • Southwest Chinese serow (Capricornis sumatraensis): Near Threatened

Thursday, May 27, 2010

Mining sector a ‘blank slate’

Right: VIPs listen to speakers at the nation's first international mining conference, held Wednesday at the InterContinental Hotel. Left, top to bottom: Prime MInister Hun Sen; UNDP Country Representative Douglas Broderick; Minister of Mines and Industry Suy Sem. (Photo by: UY NOUSEREIMONY)

Thursday, 27 May 2010
Jeremy Mullins and May Kunmakara
The Phnom Penh Post


CAMBODIA’S untapped mining sector is a potential windfall for the country, but must be carefully regulated if it is to attract foreign investment, said international experts taking part in the Kingdom’s first international mining conference Wednesday.

World Bank mining specialist Craig Andrews told the Post the sector will benefit if regulatory and taxation issues are in place before mineral exploitation begins.

He counselled the Kingdom to avoid an Australian-style “super tax” on mining profits, saying the situation in Australia’s developed mining sector and the Kingdom’s nascent industry require different kinds of policies.

A lenient, stable mining tax policy would help Cambodia attract foreign direct investment, he said. “Companies will find it to be a deterrent if they do not find stability,” he said.

“In addition to everything else in Cambodia, there is the possibility government could change tax laws and take away profits,” Andrews told the conference at the Intercontinental Hotel, where 300 participants from throughout the world were gathered to discuss transparency and development in the Kingdom’s burgeoning mining sector.

The event was held in the wake of mining giant BHP Billiton’s high-profile internal probe into bribery allegations that have been linked by some to its former concession in Mondulkiri province.

The growing mining sector could emulate aspects of successful international models such as Chile and Botswana, Colorado School of Mines economic and mining expert Roderick Eggert said on the sidelines of the conference.

“Cambodia is starting with a blank slate. It has a chance to do things right, to benefit from others’ experience,” he said.

Mining firms are attracted to transparency and certainty, Eggert added.

Sharing the wealth
Cambodia may yet join the Extractive Industries Transparencies Initiative (EITI), an international programme aimed at opening the industry to public scrutiny, its regional director Samuel Bartlett said.

“It’s clear there’s a very vibrant debate on the issue in Cambodia,” he said.

“We’re about providing tools. It’s up to countries to get involved.”

In an opening speech, United Nations Development Project (UNDP) Country Representative Douglas Broderick said Cambodia is poised to begin developing its deposits, but must spread the wealth.

“The minerals are in the ground. It is up to us to work together to ensure that all Cambodians can stake a claim in the potential revenues from these natural resource,” he said.

Also speaking at the conference, Prime Minister Hun Sen called the nation’s resources “a new potential economic treasure”, and said that mineral wealth could contribute to the Kingom’s economic development alongside the agriculture, garment, construction, and tourism sectors.

“If Cambodia gets a chance to explore its mineral treasures, Cambodia will responsibly use the revenue for the benefit of the country,” he said.

Hun Sen called upon conference participants to share knowledge to assist the government in maximising the financial benefits from the sector, thus contributing to national development and poverty reduction.

Hun Sen also asked participants to avoid mining in historical or sacred areas, and to curtail “anarchic” mining activities.

Saturday, May 15, 2010

Tea-time free for all [-Fund embezzlement by the CPP regime?]

May 15, 2010
BEN DOHERTY, PHNOM PENH
The Age (Australia)

Corruption in Cambodia's mining boom
Mining has the potential to drag the people of Cambodia out of poverty, but corruption means millions of dollars are going into the pockets of a powerful few.
IT'S JUST after midday when the group arrives at Titanic, a restaurant on the banks of the Tonle Sap River. The restaurant is the nicest on the Phnom Penh waterfront, despite its pessimistic name.

Tailor-made suit jackets are discarded and ties are loosened as the party of 20, entirely male save one, takes its seats at a long table.

Immediately, bottles of whisky appear, and generous glasses are poured.

The group stands, noisily charges its glasses to a short speech, and downs the lot.

Five minutes later, it's another speech, noisier and longer, before another, and another, each a little more raucous than its predecessor.

"It's a business deal. Celebrating a business deal. A Chinese company," a waiter informs other diners. There are three government ministers in the group, he whispers conspiratorially.

This is the public face of doing business in Cambodia. The benign bonhomie of a successful negotiation sealed over a long lunch.

But there is also a hidden side that is never so indiscreetly displayed and is threatening to stop the benighted country ever pulling itself out of the mire of poverty: corruption.

Cambodia is widely regarded as one of the most corrupt countries. Of the 182 countries tracked for public sector corruption by the Transparency International corruption index, Cambodia ranks 159th.

Corruption exists at all levels. Low-ranking public servants, most of whom have had to pay their superiors for the privilege of a job, recoup the money by requiring bribes to perform even the most routine of duties, to process a driver's licence application, approve a building permit, or register a business.

And it extends to the very top of the government. Senior ministers are regularly accused of accepting millions of dollars in ''tea money'' - a colloquial term for illegal, under-the-table payments - to grant forestry, oil and mining licences.

Sometimes, the money is window-dressed as donations for ''social funds'' or ''development projects'', but little of it is seen again. In 2009, the US ambassador to Cambodia, Carol Rodley, opined that $US500 million went missing in Cambodia each year.

So perhaps it should not have been a great surprise that last month, when the US financial markets regulator, the Securities and Exchange Commission, said it was investigating allegations of corruption involving BHP Billiton, speculation turned quickly to the company's operations in Cambodia. The SEC investigation is believed to centre on a deal between BHP Billiton and the Cambodian government signed in 2006, during a visit by Cambodian Prime Minister Hun Sen to Australia.

BHP conceded in its latest quarterly statement that an internal investigation had uncovered evidence "regarding possible violations of applicable anti-corruption laws involving interactions with government officials".

But the company has never confirmed that the SEC investigation is in any way related to dealings in Cambodia.

Whether or not it is the subject of the SEC inquiry, it is known that BHP paid $US1 million to the Cambodian government for a mining concession to conduct exploratory drilling for bauxite on 100,000 hectares in Mondolkiri province, in Cambodia's poor far east.

The world's biggest mining company also gave the government an additional $US2.5 million to go towards a ''social fund'' for development projects for local communities.

BHP's money was paid into a Cambodian bank account in September 2006. The money has not been seen, or accounted for, since.

BusinessDay has obtained the Cambodian government's budget statement for 2006, which is not released publicly. It shows revenue from mining concessions for that year of just $US443,000.

Despite promises from the government that the social fund money would be administered by the Finance Ministry, the documents show none of BHP's $US3.5 million appeared on the government's books. And while the ''social fund'' money was variously promised, by BHP and the Cambodian government, to start irrigation projects, and to build dams, schools and hospitals in the province, none of the money was seen in Mondolkiri.

Asked in 2007 about the money received from BHP, Cambodian Water Resources Minister Lim Kean Hor told the national parliament the money was "tea money".

"The royal government got tea money, $2.5 million, from the bauxite investment with Australia," he told parliament.

Hor was backed by another senior member of the ruling Cambodian People's Party, Cheam Yeap, who said "the money is just for friendship".

Both ministers refused interviews with BusinessDay. BHP has steadfastly denied the money it paid was ''tea money''.

''BHP Billiton operates over 100 assets in 25 countries,'' a spokeswoman said.

''We operate according to a strict code of business conduct, which is based on the values contained in the company's charter and has been prepared to assist our people, wherever they may be located, to work in a way that upholds the highest ethical standards.

''Each of BHP Billiton's businesses is required to ensure that all employees, contractors and others with whom they work understand the requirements of the code. The code prohibits bribery and corruption in all forms.

''The code is supported by a business conduct advisory service. This includes a multi-lingual, 24-hours-a-day call centre and online case management system. As a leading global resources company operating in so many parts of the world, we believe that operating sustainably and responsibly underpins everything we do.''

But anti-corruption campaigners and members of the Cambodian parliament say BHP must have known the money it paid in September 2006 was a bribe and would never reach the communities displaced by its mining activities.

For 15 years, Cambodian-born, Adelaide-educated Son Chhay has sat on the opposition benches in Cambodia's parliament, railing against rampant corruption.

He says bribery is "normal practice" in Cambodia and the major reason is that most Cambodians are still desperately poor.

Earlier this year, he walked out of parliament in protest at new anti-corruption laws, which allow senior government officials to keep their compulsory declaration of assets confidential.

"The law legalises corruption, it's not a fight against it,'' he says. ''People in government do not have the will to fight corruption because it is they who benefit. You can see that all the senior ministers, including the Prime Minister, have hundreds of millions [of dollars].

''Their houses are like castles, their wives are wearing $100,000 rings, compared to the poor, who hardly even have a proper place to live.

"No doubt BHP knew from the beginning this money is a bribe, is bribery; they knew from the beginning. They cannot ignore this reality by saying the company believed that the money was just paid properly, legally, to the government. There is no excuse for BHP."

Defending the payment's legitimacy this month, Hun Sen said: "I ordered to use this money to build the Charoek dam in Pursat province, but later this company requested a part of the fund to build schools and hospitals in Mondolkiri province."

For its part, BHP said in a letter to non-government organisation Global Witness that it had retained control of the money, which was to be administered by a committee over which it had veto. However, the company concedes it lost control, with some money allocated to a "social infrastructure project not approved by BHP Billiton".

Former BHP Billiton employees say the money has never been seen in Mondolkiri province. The miner's former community official in Mondolkiri, Nok Ven, says no community projects were funded with BHP Billiton's money.

"There's no such thing happen in Mondolkiri province,'' he says. ''There's no school, there's no irrigation. There's nothing at all happened.''

Nok Ven resigned from BHP Billiton because he felt the mining giant ignored the wishes of the indigenous Bunong people, who were shut out of forests they used for food and cultural practices.

BHP Billiton did, separately from the $US2.5 million social fund payment, donate nearly $US470,000 to six non-government organisations working in Mondolkiri province.

Chhay says it is common for tea money to be paid over and above mining licence fees, and for the money to vanish.

"The tea money paid by BHP to the government I think is just the same thing,'' he says. ''We could not find where this money [went] … there is no doubt that this money was somehow paid to someone, but there's no evidence it will be part of the government budget."

He says Cambodia is institutionally corrupt, with senior government officials bleeding natural resources for their own profit, while international donors contribute fully half the budget to keep the state afloat.

Cambodia is also one of the region's least-developed nations. Nearly 70 per cent of the populace survive on less than $2 a day. A third of children under five are malnourished.

And yet, Cambodia is not a country without means, nor potential. It is simply that the country's means are in the hands of so few, and it's potential so often abused.

Eleanor Nichol, a campaigner with Global Witness and author of Country For Sale, an examination of the developing country's extractive industries, says Cambodia's political and economic system is sculpted to the benefit of a few key individuals.

"It's a system of government where the state is treated as a personal slush fund, as opposed to what we understand as normal government, which is one that acts in the best interests of its people,'' she says.

She says donor money is funnelled to keep basic state services such as health, education, and infrastructure operating, while private interests ''bleed the state of its other assets'' - particularly its natural resources.

In the decades after the Khmer Rouge period, Cambodia's greatest natural resource - its wealth of untouched forest - was comprehensively stripped. Primary forest cover was reduced from 70 per cent in 1970 to just 3.1 per cent today.

Between 1990 and 2005, Cambodia lost 2.5 million hectares of forest, with the huge profits going into the pockets of a powerbroking few, members of the cabal that surrounds Prime Minister Hun Sen.

Now there are serious concerns the same will happen with Cambodia's remaining natural resources: its minerals, its fish stocks, its oil. These industries are all in their infancy, and their eventual value is not yet clear, but they are growing exponentially and unchecked. Potentially, they are worth hundreds of millions of dollars a year to a country that still cannot pay its own bills.

As well as being excluded from any of the economic benefits of the sale of their country's resources, it is ordinary Cambodians who suffer most directly from the land concessions being granted across their country.

Typically, the people are simply kicked off farmlands or forests they have used for generations for food and to generate income. But in many cases, entire villages are forcibly evicted by government soldiers, homes burnt and land seized, all without compensation.

Thousands of people have been displaced, and scores shot and killed by troops acting on government orders.

Most of the companies coming to Cambodia seeking mining licences are from China and Vietnam. Many are new enterprises, without a corporate reputation to uphold, and bring no mining experience to their new venture.

These companies, Chhay says, are uninterested in a transparent process, and are happy to pay whatever, to whomever, for access to Cambodia's natural resources.

And so, while it may not surprise many to learn that BHP found corruption in Cambodia, anti-corruption campaigners in Cambodia were surprised to hear the allegations levelled at BHP.

Time and again, BusinessDay hears that BHP's presence was welcomed in Cambodia. BHP was supposed to be the good guy.

With its hard-won reputation as a scrupulously honest operator, it was hoped the world's biggest miner could use its corporate influence to insist on strict standards of propriety.

Other multinational companies have also become embroiled in corruption allegations.

French oil company Total paid $US8 million to a social development fund, and $US20 million as a ''signature bonus'' direct to the government for the right to drill for oil offshore, while South Korean miner Kenertec paid a $US1 million ''start bonus'' simply for permission to begin work.

But while there is no shortage of interest, domestically and internationally, in Cambodia developing a transparent governance system for its new extractive industries, for every step the country takes towards greater accountability, there has been an equivalent leap back.

Global Witness' Eleanor Nichol says Cambodia has been effectively "captured" by a dishonest and self-interested clique, formed around the Prime Minister, his friends and family.

"The fact that Cambodia is completely corrupt is not a national secret,'' she says. ''Any company with even basic due diligence would know this and I'm sure BHP had very good due diligence procedures and systems in place. So they'd have gone in with their eyes wide open."

She says the BHP case raises questions about multinational companies, many with strong corporate reputations to protect, dealing with highly corrupt states.

"What responsibility do companies have to make sure the money that they pay the government actually reaches government coffers?'' she says.

"How do they ensure that the bank account numbers they've been given aren't the bank account numbers of senior public officials and are actually going to the Ministry of Finance? When you're dealing with a state that is captured by a small group of individuals, corruption can be more nuanced than the straight up 'give me a million dollars under-the-table' bribery."

Wednesday, April 21, 2010

BHP dawdles to reveal SEC probe

April 22, 2010
Malcom Maiden
The Age (Australia)


BHP Billiton learned last August that its acquisition of exploration rights in Asia years earlier was the subject of a US Securities and Exchange Commission investigation, and it found out because the SEC told it so.

BHP sat on that information until yesterday, when it used a routine quarterly announcement to reveal that it had checked out the matter, had found evidence pointing to ''interactions'' with government officials that may have breached anti-corruption laws, and had passed that information on to the authorities.

The questions raised by this are: why didn't BHP brief the markets last August; and why did it choose not to announce the probe separately yesterday.

And the short-term answers are: BHP didn't reveal the SEC investigation last August because its legal advice was that under its continuous disclosure obligations it did not need to; and it revealed the investigation yesterday inside another, regular announcement because it believed the matter did not warrant immediate, separate disclosure.

As unsatisfying as those answers might be, they suggest one thing: BHP at this stage is confident that it is not headed into the same kind of nightmare that Rio Tinto has been in for more a year since the detention, charging and conviction of four of its Shanghai-based executives for taking bribes and obtaining commercial secrets about China's steel industry. That confidence is going to be tested as the facts emerge.

BHP was precise and sparing with what it said yesterday in a single paragraph at the bottom of page three of its March-quarter exploration and development report.

It said that the SEC had requested information as part of an investigation into ''certain terminated minerals exploration projects'' and that as a result it had uncovered evidence of possible violations of anti-corruption laws involving ''interactions'' with government officials. The group said it was co-operating with the investigation while continuing its own examination, and said it could not predict where the affair was headed, or how long it would take it to get there.

Separately, a spokesman created distance from the Rio debacle, saying that the investigation did not relate to any activity in China, or the sale and marketing of BHP products.

It is believed that the SEC is looking mainly at the $US1 million acquisition of bauxite mineral rights in Cambodia in 2006 by a consortium led by BHP and Mitsubishi. The purchase of mineral rights in the Philippines may also be a focus.

A British anti-corruption advocacy group, Global Witness, reported in February last year that the $US1 million payment seemed not to have been booked by the Cambodian government, which recorded revenue of only $US443,866 from mining concessions that year.

BHP defended the deal at that time as being above board, and in an interview Global Witness director Gavin Hayman congratulated the mining group for being ''transparent'' and responding to inquiries.

Last August, however, BHP was contacted by the SEC and asked to use its own resources to inquire into the Cambodian deal. BHP took the position that the SEC's approach was not material, and its own investigation was complicated by the fact that the projects had already been shut down after being rated as non-goers commercially. But what it found raised enough questions about how BHP gained mineral rights for it to make renewed contact with the SEC.

Even then, however, BHP waited a short time before announcing the SEC probe, and its discovery of possible breaches of anti corruption laws. The group's position is that its

re-examination of the payments has raised questions about them, rather than revealed them to have been illegal, something that would have required immediate disclosure.

Despite BHP's apparent confidence, news of the probe comes at a challenging time for the mining group. It is in the midst of attempting to persuade competition regulators in Australia, Europe and the US to approve its proposed Pilbara iron ore merger with Rio, and it is also preparing for the imminent release of a tax report from Ken Henry that will almost certainly recommend a new tax on mining company super-profits.

The issues it potentially faces are similar to those Rio is dealing with in the wake of the Chinese court's finding that four of its employees obtained commercial secrets.

Regulatory inquiries are under way in the US, Australia and Britain to determine whether Rio should bear some responsibility for what the Chinese court says happened. If the SEC concludes that anti-corruption laws were breached as BHP and its partners acquired minerals rights, similar questions will be asked of BHP about whether the breaches were renegade acts, or sanctioned.

At the very least it looks as though the auditing trails that support BHP's comprehensive ban on preferential payments will need to be overhauled. The group's code of conduct expressly forbids improper payments, and defines them exhaustively. There are already enough doubts about what happened to suggest that its policing of those rules failed.

mmaiden@theage.com.au

BHP faces investigation into $2.7m Cambodia graft claim

April 22, 2010
Matt Chambers and Matthew Stevens
The Australian


BHP Billiton yesterday joined Rio Tinto in battling graft allegations, saying it had uncovered evidence of possible corruption by employees on an overseas project.

The Australian understands the conduct, now under investigation by the powerful Securities and Exchange Commission in the US, relates to a bauxite exploration project in Cambodia.

BHP has admitted making a $US2.5 million ($2.7m) payment to the community near the bauxite project, in the northeastern Cambodian province of Mondulkiri, near the Vietnamese border.

A Cambodian government minister described the payment as "tea money", a local term for unofficial payments to government officials.

BHP has rejected this, saying the money was put into a development fund investing in local social welfare programs. The company said it had paid $US1m in September 2006 to the Cambodia government for bauxite exploration rights.

BHP yesterday declined to reveal where the alleged corruption occurred, stressing only that it was not China. It would not comment on what the behaviour involved and whether employees had stood down or been fired but it said the activities involved mineral exploration, not marketing its products.

Last month, Rio sacked four workers, including Australian Stern Hu, after they were convicted of bribery and stealing commercial secrets related to deals to sell iron ore to Chinese steel mills. Rio has introduced sweeping changes to its Chinese operation and is conducting a review to avoid a repeat of the scandal.

Yesterday, BHP said the alleged corruption was uncovered after the SEC queried it during an investigation into mineral exploration projects.

"The company has disclosed to relevant authorities evidence it has uncovered regarding possible violations of applicable anti-corruption laws involving interactions with government officials," BHP said yesterday in a statement.

According to a report in The Cambodia Daily in July 2007, the nation's National Assembly was told BHP had paid $US2.5m to the government to secure exploration rights to a bauxite deposit in Mondulkiri with Japanese industrial giant Mitsubishi.

The claim was made by the then water minister, who described the payment as "tea money".

The minister's comments informed a report into Cambodian corruption by the non-government organisation Global Witness. The report, Country for Sale, details the claims and BHP's rejection of them.

Global Witness wrote to BHP in October 2008 requesting details of any and all payments made to the Cambodian government.

BHP responded saying it had put $US2.5m into a development fund and it had paid $US1m in September 2006 to the government for bauxite exploration.

"BHP Billiton has never made a payment to a Cambodian government official or representative, and we reject any assertion that the payment under the minerals exploration agreement is, or amounts contributed to the Social Development Projects Fund are, `tea money'," the miner said.

While Global Witness did not draw any negative conclusions about the management of the development fund, it did identify an issue with the $US1m payment to government, although one outside the control of BHP.

Thursday, April 08, 2010

Time Enough To Ensure Good Mining: Expert

By Ros Sothea, VOA Khmer
Original report from Phnom Penh
07 April 2010


Editor’s note: Richard Thompson is an international mining expert from the United Kingdom who has been working in the mining sector for more than 40 years. Within the last 10 years, Thompson has been conducting research on mining resources in Cambodia for the Japanese International Cooperation Agency. He spoke to VOA Khmer recently in Phnom Penh, weighing in on the country’s mining industry, the mining market and the benefits that can come from mineral extraction.

Q. Cambodia’s government expects to see a third of 20 licensed companies begin mining extraction in 2015. Is this a realistic timeline?

A. The possibility of getting mineral resources during the next five years will depend entirely upon the market of those mineral resources. Although the 20 companies, or the third of those companies, expect to begin mineral extraction, if the market value of their product decreases, they won’t have a market and therefore they are not likely to begin extraction. Besides that, there are still many requirements of the company in terms of legislation that needs to be fulfilled for a good mining industry to emerge. So it is impossible to tell at this stage whether the third of the companies be able to achieve this.

Q. Based on your 10 years of research, can you weigh the potential of the country’s mining resources?

A. As there hasn’t been extensive exploration, nobody is quite sure what is here. It’s going to take several more years to probably evaluate the potential of deposits, because with a proper mine you really need a very intensive drilling program, maybe several thousand or a few tens of thousand of meters of drilling to establish the shape, the size, the depth and the stretch before the amount of deposited metal can be calculated. And then the economic study can be made to see if there are enough mining deposits. This is not a profitable exercise. They take the risk, they choose to spend their money, and the profit comes when they eventually find something worthwhile, or economically useful.

Q. What mineral resources have been discovered and what can be done with them?

A. Some of the deposits so far discovered include bauxite, gold, gemstones, dimension stones, which is stone for carving, granite, iron ore, and likely other metals. But whether this mineral deposit [yields] enough to be economically extracted is still not certain. The basic products would go into many areas of the modern economy. For example, a lot of steel is used for making motor cars, copper is used in the electronics industry, the iron ore can be used extensively in the construction industry, to make steel, nickel is also used in steel alloy, and the granite is used in making nice flooring material. These are important for the growth of the global economy.

Q. Where are the markets for mining resources in Cambodia?

A. I should point out that, at the moment, the requirement of the mineral law in Cambodia [is that] minerals are used in Cambodia. However, the place you would sell minerals, particularly metal minerals, is not in Cambodia, because Cambodia doesn’t have a downstream industry to process or manufacture from them, and therefore Cambodia, like many developing countries, will be reliant on external markets. There may be opportunity to negotiate special prices with neighboring countries. But really I am not in position to know whether there are such negotiations in progress.

Q. How can mining resources play a role in Cambodia’s economic development?

A. If there are economic deposit discoveries, and investment comes to exploit those deposits, it is possible that Cambodia could have reasonable income from royalties derived from mining, but at this stage it is impossible to predict that. There are many countries that have mineral deposits, but are not rich enough to exploit them. Adjacent to Cambodia, you have four countries Thailand, Myanmar, Laos and Vietnam, and each of those countries has more or larger mineral deposits, which are exploited. So it is likely that Cambodia will have some deposits which are economically exploitable, but not certainly. Mining will not bring many jobs. The mining industry will gradually increase in terms of the size of deposits that are found. What will be interesting is to see if an industry downstream using minerals is to develop.

Q. Which countries receive large benefits from mining, and what do they do to manage the revenue?

A. Mining is a major contributor to Australia’s economy, the same as Brazil, where there are many and large mines. In Africa, countries like Zambia and South Africa. What they have developed is a framework for management of a mining industry, and most of them have adopted full transparency. And they also have a lot of governance within the industry to make sure the companies have to carry out specific reporting, and there is a lot of legislation to make sure mining is done ethically [and] to ensure environmental and social protections.

Q. What should Cambodia do to effectively spend the revenue and protect the environment?

A: Cambodia has moved toward developing the framework of its law, policy, strategy and regulation. There will be three or four more years before Cambodia has all these regulations in place. Good mining companies do not set up to damage the environment. But there are some mining companies that are not so good, and they try to keep their costs as low as possible, and in doing that they ignore the environmental regulations. So it is not a good idea to encourage those companies, mostly small companies, to come, but to attract good and big companies. And in order to do that, it is important to have good laws, good legislations and a good business environment.