Nova asia partners monthly newsletter jun 2013


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Nova asia partners monthly newsletter jun 2013

  1. 1. 1First phase of Salkhit Wind Farm commissionedNEWSLETTERMongolia isscheduled to startoperations at itsfirst wind farm thismonth, a $122million projectthat’s the biggestpower plant in 30years and part ofa governmenteffort to cappollution cloakingthe capital city.June2013The State Commission  held an event to accept the completion of the first phase of the 50MW Salkhit windfarm in Ministry of Energy on Monday June 17th.  The wind farm, part of Mongolia’s first wind power projectin Sergelen sum of Tuv aimag, is currently under construction. The State Commission approved a 110/35 kw sub-station, 110 kw explicit transmission facility, 35 kwtransmission facility building, 15 wind turbine generators and a 110 kw electricity transmission line from thewind farm. The State Commission was formed under a regulation permitting the start-up, duration and commissioningfor construction enacted by Government resolution 151. The State Commission reviewed the quality, legalacts and documents of Salkhit wind farm as requested by the project developer Clean Energy LLC. Thedecision was reached to approve it as a Hydro Power Station based on Articles of the law on constructionwith 100 percent approvals from the commission members.  It has also been approved to simultaneously do testing and connecting of the second phase of Salkhit windfarm to the network as the State Commission agreed with the National Network of Power Transmission LLCMonthly Highlights
  2. 2. 2and the National Dispatching Center. The opening ceremony for the “Salkhit” 50 megawatt (MW) wind farm developed by Clean Energy, asubsidiary of Newcom group, will happen on June 20th. Mongolian first WIND FARM PROJECTA $122 million project that’s the biggest power plant in 30 years and part of a government effort to cappollution cloaking the capital city.The 50-megawatt facility developed by Clean Energy LLC using 31 turbines from General Electric Co.(GE) is located on a wind-raked ridge about 45 miles (72 kilometers) southwest of Ulaanbaatar. SengeeEnkh-Amgalan, the company’s chief executive officer, plans to officially start the plant on June 20.Mongolia is seeking alternatives to fossil fuels such as coal that power its industry and mines. Thegovernment has set a target to get 20 percent to 25 percent of its energy from renewables by 2020, up fromless than 2 percent currently. Coal supplies about 80 percent of the nation’s energy.“In order to meet the 20 percent goal, the government really has to support these kinds of enterprises,” saidEnkh-Amgalan, adding that he expects the government will subsidize the costs of wind power in order tomake it affordable.Smog from burning coal has choked the capital in recent months, causing the World Health Organization toname Ulaanbaatar the second-worst city for air quality behind Ahvaz in western Iran. Residents use coal toheat homes when winter temperatures plunge to minus 30 Fahrenheit. According to the Enkh-Amgalan, Thebiggest challenge so far has been dealing with Mongolia’s lack of infrastructure. A similar projectin China would cost 30 percent less said Enkh-Amgalan, due to the vast distances and lack of roads inMongolia, where most highways are little more than vague jeep tracks across the desert.Purchase AgreementsClean Energy says the wind park will save 122,000 tons of coal, 1.6 million tons of water and will eliminate180,000 tons of carbon dioxide emissions each year.The government agreed to a power purchase agreement with Clean Energy, which will receive 9.5 cents akilowatt-hour for power from the wind for the lifetime of the project. The company expects to recoup itsinvestment in 14 years.Enkh-Amgalan says the power station can produce 140 million to 160 million kilowatt-hours per year, whichgives the plant revenue of $15 million per year.“We expect that by the end of next year tariff prices will be liberalized. We’re not sure how it will be, butthere is a certain commitment from the government that the tariffs will increase. This process is happeningbut slowly.”Turbines at the plant will last about 20 years, said Enkh-Amgalan, after which time the current 1.6-megawatt turbines may need to be replaced. By then, he expects turbines may generate as much as 7megawatts each, which would triple the output.Source:Original Article by BloombergPhoto by EBRDMONTHLYHIGHLIGHTSJUNE2013
  3. 3. 3MONTHLYHIGHLIGHTSJUNE2013Mineral-rich Mongolia’s export income dropped in the first five months of this year as a result of falling coalprices paid by China, the nation’s largest trading partner.Mongolia’s exports fell 3.3 percent to $1.64 billion in the first five months of this year from the same periodlast year, the National Statistics Office said in a release on its website on June 12nd. The value of coalshipments declined 44 percent to $448.6 million, while volumes dropped 14 percent to 6.33 million tons,according to the statement.In April, the World Bank cut a forecast for 2013 Mongolian economic growth to 13 percent from 16 percent,citing declines in exports and foreign investment. Economic growth in China, which bought 87 percent ofMongolian exports in five months through May, slowed to 7.7 percent in the first quarter from 7.9 percent inthe last three months of 2012.Imports were $2.47 billion in the period, down 6.8 percent from the same period a year earlier, leaving atrade deficit of $824.7 million, according to the statistics bureau.The value of gold shipments more than tripled to $126.2 million in the first five months from $38.9 million ayear ago, according to the agency. Three tons of gold was exported compared with 0.9 tons a year earlier,the statistics office said.Mongolia exported 1.79 million barrels of oil during the first five months of the year, up from 1.26 millionbarrels a year earlier, the statistics office said. The value of the exports rose 33 percent to $169.5 millionthis year.Exports of iron ore were 2.32 million tons during the first five months of the year, falling from 2.39 milliontons in the same period last year, the statistics office said. The value of the shipments rose 56 percent to$262.4 million from $168.2 million a year ago, according to the agency.Source: BloombergMongolian Export Revenue Drops 3.3% as CoalPrice Decline
  4. 4. 4MONTHLYHIGHLIGHTSJUNE2013Xanadu Mines (ASX: XAM) will pay less upfront for the acquisition of the Oyut Ulaan copper-gold porphyryproject in Mongolia, in return for a modest cash payment, some shares and issuance of performance shareoptions. Drilling by Xanadu has also intersected thick zones of gold-rich porphyry copper mineralisation from resultsreleased today.The porphyry copper project covers a large district of around 40 square kilometres) comprising numerousmineralised porphyry centres.The agreement struck with Temujin Mining Corp replaces an earlier agreement in May 2012 and its initialimplementation which was delayed by changes in Mongolia’s foreign investment law. The Mongolian Parliament recently approved amendments to the law allowing the acquisition to proceed.The consideration for a 90% interest in the project located in the South Gobi region is now a payment ofUS$600,000, the issue of 5,000,000 Xanadu shares and the issue of performance share options once aJORC resource of 900,000 tonnes of contained copper equivalent is achieved at the project.The Oyut Ulaan mining license has been granted and Xanadu has earned a 25% interest. The completion of the transaction is conditional upon approval by Xanadu’s shareholders and theGovernment of Mongolia.Drilling resultsReconnaissance drilling from four drill holes at the Oyut Ulaan project has intersected thick zones of gold-rich porphyry copper mineralisation from a 10 hole program which would provide significantencouragement given the widths and grades at surface.Impressively, the results included 132.0 metres at 1.07% CuEq. from surface and 170.5 metres at 0.76%CuEq. from surface. Source: Proactive Investors Australia Xanadu Mines to acquire Oyut Ulaan copper-goldporphyry projectMongolia signs up Tony Blair as government advisorThe former Prime Minister Tony Blair signed the contract with the country’s leaders during a visit to thecapital Ulaanbaatar in March.It’s been reported the former leader, who’s famous for ending the conflict in Northern Ireland, will be a keynegotiator in disputes between the government and mining giant Rio Tinto. But both Blair’s office and RioTinto deny that’s the case. It’s more likely Mr Blair will be advising current leader Tsakhiagiin Elbegdorj in thelead up to presidential elections later this month.Mr Blair’s deal comes in the midst of Mongolia’s mining boom and although it’s not clear exactly how muchhis consultancy firm will be paid, it’s safe to assume it’s not an insignificant figure.A similar deal with the government of Kazakhstan is believed to be worth £13m.
  5. 5. 5MONTHLYHIGHLIGHTSJUNE2013Also filling Mr Blair’s consultancy portfolio are deals with Columbia and Brazil. The Albanian OppositionLeader Edi Rama has also publicly indicated he’d like Mr Blair’s advice if he becomes Prime Minister. Mr Blairhas said he’d be happy to help.Source: Voice of RussiaDarkhan Refinery Project will be accomplished by 2015The Darkhan Petroleum refinery project, the countrys first, will be funded by loans from Japanese Banksand financial institutions. It already broke ground in 2011 and expected to start operations by 2015.The refinery will be constructed in Darkhan-Uul province with a capacity to process 2 million tons of crudeoil per year.Japans Toyo Engineering Corporation in cooperation with the local companies will build the refinery usingthe latest technologies. According to officials, it was estimated that if in selling oil products by 6-8%cheaper compared to current unit price, after 4 years the first investment would be able to be repaid.Minister of Mining, D.Gankhuyag said they have started meeting with the stakeholders to discuss thestates plan to secure a 51 percent share in the project. The Mongolian government will own at least 51percent of the pending Darkhan Petroleum refinery. The government decided to own no less than 51percent of the project during a cabinet meeting last May 11.Source: Bid Ocean Asia Pte LtdMongolia revises its Anti-Money Laundering LawOn 31 May 2013, the Parliament of Mongolia approved a revised version of the Law of Mongolia onCombatting Money Laundering and Terrorism Financing ("Revised Law"). The law comes into force on thedate of its adoption and aims to strengthen the existing regime.We set out below a summary of the key features of the Revised Law.  INTRODUCTIONMongolia adopted its first comprehensive law on combatting money laundering and the financing ofterrorism ("AML/CFT") on 8 July 2006 ("Old Law"), which imposed obligations on certain financialinstitutions to have their customers verified with "know your customer" ("KYC") procedures and to reportcertain transactions.  Further, it created the Financial Intelligence Unit ("FIU") at the Bank of Mongolia,which was mandated to collect and analyze information received from reporting entities and monitorimplementation of the AML/CFT legislation.Although enacted several years ago with the intention of providing a comprehensive regulatory regime forAML/CFT, the Old Law was considered by many to have shortcomings.  Specifically, the Financial ActionTask Force ("FATF"), an intergovernmental organization in charge of setting standards and promoting
  6. 6. 6LEGISLATIONJUNE2013 effective implementation of AML/CFT policies across the globe, identified Mongolia as a relatively high-riskjurisdiction with strategic AML/CFT deficiencies.   The Revised Law introduces a number of changes to strengthen the existing regime and to overcome theshortcomings identified by the FATF.  It broadens the scope of the law by way of making more institutionssubject to reporting obligations and extends the range of reportable transactions.  Further, followingstandard international KYC practice, it requires reporting entities to identify their customers ultimatebeneficial owners. It further imposes obligations to strictly monitor transactions made by politically-exposedpersons ("PEPs").  The law aims to reinforce the authority of the FIU in preventing and combatting moneylaundering and terrorism financing.   KEY FEATURESNew ConceptsThe Revised Law introduces new concepts including PEPs, "ultimate (beneficial) owner", and "shell banks".  Further it expands the definition of money laundering, so that obtaining or holding of assets known to beillegally obtained will be deemed money laundering.   The concept of PEPs is defined by reference to a list of high ranking public officials set out in the Law ofMongolia on the Conflict of Interests (please see our previous alert from September 2012).For the purpose of imposing obligations on financial institutions that are subject to reporting obligationsunder the Revised Law ("Reporting Entities") to verify the beneficial owners of their customers, the RevisedLaw introduces a definition of "ultimate owner". "Ultimate owner" is defined as "an individual who indirectlymanages or controls the activities and actions of a customer or who is an original founder of the legalentity(y) (ies) that own a customer".     To see full article: Business Council of MongoliaSource: Hogan LovellsGovernment of Mongolia resolved to register 7 minedeposits into the list of Strategic ImportanceCabinet of the Government decided to submit some new amendments to the Appendix of theParliamentary Resolutions N0. 27 dated from Feb 6, 2010 through the plenary session of the State GreatKhural (Parliament) on “Registering some mine deposits into the list of Strategic Importance.”The main emphasize of the resolution was to add 7 more specific mineral deposits as strategic mineraldeposits and to account and re-establish strategic mineral deposits and their borders with much moredetailed measurements and care. In addition, to including the neighboring area of such deposits as areserve part of the same strategic mineral deposit and it is important to maximize the usage of suchdeposits into highest possible outcome.Since 2007, team of specialist tasked to re-evaluate the 25 known mineral deposits which have beenregistered and accounted for their reservoir and quality, have been researching their reservoir, quality,condition of the infrastructure, market value and demand, and their possible contribution to the
  7. 7. 7MONTHLYHIGHLIGHTSJUNE2013Mongolian Strategic Foreign Investment Law - UpdateFurther to Hogan Lovells’ recent alert dated 15 April, the Parliament of Mongolia approved an amendment("the Amendment") to the Law of Mongolia on the Regulation of Foreign Investment in Business EntitiesOperating in Sectors of Strategic Importance (the "SFI Law") on 19 April 2013.The approved text of the Amendment is as originally described in our 15 April alert. The Amendment isstated to be effective from 19 April 2013.The Amendment recasts Article 4.7 of the SFI Law by stipulating Parliament as the approval authority onlyin those transactions where a non-Mongolian state-owned enterprise acquires more than 49% of the issuedshares of a Mongolian company. The Amendment removes investments by foreign private investors fromthe scope of Parliamentary approval and deletes the MNT 100 billion threshold in its entirety.The changes do not mean that foreign private investors are free from a formal approval process sinceacquisitions falling within the scope of the SFI Law will nevertheless have to be approved by the Cabinet, orthe Ministry of Economic Development under the SFI Laws draft implementing regulations. Some comfortis provided insofar as the approval process for foreign private investment is removed from the purview of agovernment organization that is not always in session and has to consider other matters of nationalimportance.On a separate but related note, various officials including the Deputy Minister of Economic Developmentand the Governor of the Bank of Mongolia, have recently indicated that the Mongolian government intendsto submit a new investment law (a draft of which has been prepared) for Parliamentary approval thissummer. The new law would aim to provide greater stability for foreign investments in Mongolia. In addition,government officials also have suggested that sections of the amended SFI Law might be "merged into" thenew investment law. We will of course monitor developments and update our clients as any events unfold.Source: Hogan Lovellsdevelopment of their respective area and thus given recommendation to the government of Mongolia toincrease their status to strategic mineral deposit.Following 7 deposits are added to the list:1. Khushuut ( Darvi Sum, Khovd Aimag, coal)2. Tsaidamnuur (Bayan Sum, Tuv Aimag, coal)3. Gatsuurt (Mandal Sum, Selenge Aimag, gold)4. Khalzanburgedei (Myangad Sum, Khovd Aimag, rare element)5. Lugiin Gol (Khatanbulag Sum, Dornogovi Aimag, rare element)6. Mushgia Khudag (Mandal-Ovoo Sum, Umnugovi Aimag, rare element)7. Khotgor (Khankhongor and Tsogt-Ovoo Sums, Umnugovi Aimag, rare element)Source: Info Mongolia
  8. 8. 8MONTHLYHIGHLIGHTSJUNE2013Mongolia Stock Exchange: New Securities LawexplainedThe Securities Markets Law was finally approved on May 24, after years in the State Khural, Mongolia’sparliament. English translations are as-yet unavailable.Regardless, market participants are excited about the new law’s potential impact. It introduces several newconcepts to Mongolia’s capital markets, including dual-listing provisions which will allow for the triple-listing of state-owned coal miner ETT. It also brings local disclosure and financial statement reportingrequirements in line with other emerging markets.Mongolia Stock Exchange (MSE) deputy chief executive officer and chief regulatory officer, SaruulGanbaatar, said the new law makes the rules of the games much more transparent and easier tounderstand.“The previous law was mostly prohibitive in terms of activities to be carried out in the securities market,whereas the new one introduces more flexibility, which is a necessity for the market to grow,” he said.The Business Council of Mongolia executive director, Jim Dwyer, believed the law was a critical componentfor companies to tap the capital markets.Noting the abysmal initial public offering (IPO) volumes in Mongolia in the past two to three years, hebelieved the country’s equity market had not been working, despite the London Stock Exchange’s goodwork in setting up a new platform. THE MAIN CHANGES EXPLAINEDGanbaatar said that the new version of the law includes definitions for financial instruments, such asdepositary receipts, options and futures, which have become standard financial terms in most advancedand emerging economies.These sophisticated financial instruments are becoming essential for further development of financialmarkets, he said.However, drafting of the necessary regulations pertaining to, inter alia, depositary receipts, custodianbanks, and dual listings still need to be finalised before the law becomes effective.To see full article: Business Council of MongoliaSource: Ashley Lee
  9. 9. 9MONTHLYCONCLUSIONJUNE2013Value Y-o-y changes M-o-m changes PeriodBirth Rate 32,208 +7.7% - May 2013Consumer priceindex+9.7% +0.3% May 2013M2 money supply MNT 7,908.9 billion +17.5% +9.9% May 2013M1 money supply MNT 831.0 billion +6.1% +9.4% May 2013Loans outstanding MNT 8226.4 billion +34.4% +32% May 2013SecuritiestransactionMNT 11.4 billion +39.4% - May 2013Foreign tradeturnover balanceUSD824.7 million -13.1% - May 2013Industrial sectorgross productMNT872 billion +1.9% - May 2013Statistic IndicatorsTop-20 Index - Mongolian Stock Exchange (million MNT)Top-20 Index - Mongolian Stock Exchange (million MNT)Average 13,619.2HIghest 13,921.26Lowest 13,188.46Closing 13,835.84The nation’s consumer prices rose 9.7 percent in May from a year earlier and gained 0.3 percent from April,the NSO reported. The number of registered unemployed fell to 40,500, the statistics office said, a 30 percentdecrease from the same period last year.Source: NSOSource: MSE
  10. 10. 10MONTHLYCONCLUSIONJUNE2013Monthly ConclusionThe hot topic for this month is the 6th Presidential elections of Mongolia. Typically this represents a rubiconmoment for the business sector, ending uncertainty over the direction of the nation at least until thelegislative elections in 2016. With several burning political and economic issues still up in the air, suchas the initiation of exports and fate of the next stage of the Oyu Tolgoi project, the future of Mongolia’s nowshaky foreign direct investment climate and even social housing, Mongolia’s new President is expected tobring new political impetus to bear on all such matters. On 26th of June Mongolia will again go to the pollsand elect a new President, as well as again demonstrating to the world that this is a nation with a robustdemocratic future.Concerns continue to be raised over declines in coal prices. A 44% drop off in the value of coal shipmentsover the first five months of 2013 were a significant contributing factor which saw the World Bank correct its2013 forecast for Mongolia from 16% to 13%. Drop-off in foreign investment was the second significantfactor cited for the correction. Enthusiasm of investors, which reached a peak around 2011, has beensignificantly dampened by the actions of the Government. An unpopular Foreign Investment Law, passed in2012. Despite this draft law being amended in early 2013 to ease conditions for most investments the law,coupled with recent legislation that curtailed operations in the gold mining sector, as well as continuedwrangling over the future of the Oyu Tolgoi project, have resulted in flight of investors. Although a good dealof the 17% drop-off in FDI in 2012 could be accounted for based upon the coming to a close of the firstlarge-scale cycle of investment in national level mining projects, investor sentiment remains bearish.Mongolia remains a favorable investment location, with seemingly fantastic investment opportunities.Nevertheless, when a poor infrastructure and previously boom-bust driven economy is coupled with apolicy risk environment that has proven to be capricious at best, the overall risks may continue to prove toomuch for many prospective investors to stomach.So is there light at the end of the tunnel. Perhaps yes. Completion of a landmark large infrastructure projectsuch as the Sulkhait Wind Farm continues to generate renewed confidence and investors can look uponthis as a model for management of infrastructure and industrial projects such as those to which fundsraised by the Chinggis Bond have been apportioned. Fears have been raised over slow deployment of the1.5 billion USD raised in 2012 with this dollar denominated bond. However, as of May this year, around 1.15billion had been allocated, with road projects taking by far the largest share of the funds (570 billion hadbeen earmarked for investment in in road infrastructure projects alone). Sectors such as agriculture,cashmere production, railways, construction materials and housing all received significant earmarkedinvestment also. Concerns do remain over the Governments ability to meet its repayment commitments,although good management and transparent operations in landmark projects funded by this money willenable the Government to go to the markets again in future to refinance and continue to raise funds forsignificant forthcoming projects.
  11. 11. 11On a local level, the Ulaanbaatar real estate sector, which saw a drop in liquidity in the residential sub-sector over the past year, seems to be recovering well. Reports indicate that transaction volumes are on therise again. As summer continues, construction has been reinitiated on significant commercial projectsacross the city centre, with over 210,000 square meters of retail supply expected to come online in theupper end of the market between now and 2018 a known office supply pipeline in the upper end of themarket of 44% of current supply for the same period (among the highest in the world). Growth is expectedto be driven during this period by upscaling domestic firms in the finance, mining supply and service sector,whilst international financial organizations will be set to gain more of a foothold in the CBD of Ulaanbaataras the economy recovers and the banking system continues to evolve.Source: Nova Asia PartnersArticle by Alex Skinner
  12. 12. 12Upcoming EventsUlan Bator/Mongolia – After its remarkable success last year the capital goods trade fair “Future Mongolia”will once again be held in the Mongolian capital of Ulan Bator from 19 to 22 June. The organiser expectsapproximately 120 exhibitors from various nations. Participating last time were also such “top dogs” in thesector as Caterpillar, Hyundai, Siemens and ThyssenKrupp.Click here to see official website.Three parties have nominated candidates for the presidency.The incumbent, Tsakhia Elbegdorj has beenrenominated by the Democratic Party and is also endorsed by the Civil Will-Green Party and the MongolianNational Democratic Party. The opposition Mongolian People’s Party has nominated Badmaanyambuu Bat-Erdene, a former wrestling champion.The Mongolian People’s Revolutionary Party has nominated NatsagUdval, current Minister of Health and reportedly the first woman to seek the office.6th Presidential Election of Mongolia
  13. 13. 13Mongolian National Festival “Naadam”The biggest festival (Naadam of the Country) is held in the Mongolian capital Ulaanbaatar during theNational Holiday from July 11 – 13, in the National Sports Stadium. Naadam begins with an elaborateintroduction ceremony featuring dancers, athletes, horse riders, and musicians. After the ceremony, thecompetitions begin.Naadam is the most widely watched festival among Mongols, and is believed to have existed for centuriesin one fashion or another. Naadam has its origin in the activities, such as military parades and sportingcompetitions such as archery, horse riding and wrestling, that followed the celebration of various occasions,including weddings or spiritual gatherings. It later served as a way to train soldiers for battle. Now it formallycommemorates the 1921 revolution when Mongolia declared itself a free country.Chinggis Khans nine yak tails, representing the nine tribes of the Mongols, are still ceremonially transportedfrom Sukhbaatar Square to the Stadium to open the Naadam festivities. At these opening and closingceremonies there are impressive parades of mounted cavalry, athletes and monks.For more information about Naadam 2013: Info MongoliaNova Asia PartnersTel: (976)-11-311103(976) - 99901609Fax: 976)-11-311103E-mail: contact@csm.mnWebsite: