PRESENTATION

1. Prepared by Political Risk & Structured Credit | Crisis Management | Global Broking Centre
Political Risks and Trade Credit Workshop

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Agenda: Political Risks – Mining in Mongolia
Section 1 Introduction
Section 2 The Insureds
Section 3 The Cover available
Section 4 Case Studies
Section 5 The Insurance Market – Mongolian Mining
Section 6 Tools and Country rates

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Political Risks
Political risks arise from the actions or inactions of a foreign government, your own
government or a third party country.
These risks may:
• deprive you of your assets,
• prevent or restrict the performance of or payment under a contract, or
• affect repayment of loans to financing banks and lenders.
All political risk policies must have a ‘cross border’ element.
Is generally deemed that your own government is always acting in your best
interest.

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Political Risk Insurance
Contracts: Government or counter-party action that frustrates a contract
(i.e. prevents or restricts the performance of a contract or the ability to pay/deliver)
• Exports, Imports, Bonds / SBLCs
Assets: Government action that deprives a company of all or part of its assets (i.e.
interferes with a company’s ability to own & manage its investments).
• Equity & Debt, Projects, Plant & Equipment, Stocks

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Section 2: The Insureds
• Owners & Investors
• Banks & Lenders
• Contractors
• Corporates
• Commodity Traders & Offtakers

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Owners and Investors
Their Interest:
• Equity
• Inter-Company loans
• Guaranteed Loans
In the Joint Venture or subsidiary

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Owners and Investors
The Risks:
• Expropriation
• Mining concession cancellation
• Selective discrimination
• Currency inconvertibility and non-transfer
• Embargo
• Import licence cancellation for key supplies
• Export licence cancellation
• Forced abandonment
• Forced divestiture
• Damage caused by Political violence, war and civil war

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Banks and Lenders
Their Interest:
• Non-Payment of scheduled loan amounts due from the Borrower
The Risks:
• Credit risk
• Sovereign risks (if government buyer)
• Lenders Interest (Not Credit cover – arising from Expropriation, PV and CI/ET)
• Commercial and Performance risks
• Basel II & III compliant policies
• Country risk
• Currency Inconvertibility and Exchange Transfer

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Contractors
Their Interest:
• Owned assets, or assets under their care, custody and control (eg seismic
equipment, construction equipment and test drilling)
The Risks:
• Expropriation
• Deprivation (Re export embargo)
• Forced Abandonment
• Terrorism
• War
• Non-Payment
• Unfair calling of On Demand Bonds

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Commodity Traders and Offtakers
Their Interest:
• Offtake Contracts, stocks of ores and other materials
The Risks:
• Expropriation
• Export Embargo
• Political Violence damage
• War
• Non-Payment
• Non-Delivery

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Section 3: The Cover
• Definitions
• CEN – Fixed
• CEND – Mobile
• Non-Payment
• Non Delivery
• Uninsurable Risks

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Definitions
Expropriation: Loss of or damage to fixed or mobile assets caused by
confiscation, seizure, appropriation, expropriation, requisition for title or use or
wilful destruction or damage by or under the order of Foreign Government
Deprivation: Loss of use or possession of the mobile assets or stocks caused by
the failure or refusal of the Foreign Government for a period of six months to
permit the export of the mobile assets or stocks from the Foreign Country, or the
Insured being prevented from exporting the mobile assets or stocks from the
Foreign Country for a period of six months due to its inability to obtain an export
licence from the appropriate authority in the Foreign Country

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Definitions continued
Cancellation of concession/permit/licence: Loss or use of the asset due to
cancellation of the principal ‘contract’, be it a concession, permit or licence
Currency Inconvertibility/Exchange Transfer: Non-payment of dividends or
repayment of loans by or from the foreign enterprise arising out of:
Foreign exchange remittance restrictions/shortages of foreign exchange
Introduction of a law, order or decree which prevents, restricts or controls transfer
of payment to the Assured's country
Political events or economic difficulties which prevent or delay payment to the
Assured's country

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Definitions continued
Non-Delivery: Non-performance arising out of: (Import)
Supplier Perils: Contract termination, Non-delivery, non-repayment of an advance
Country perils: Embargo, License, War, CI/ET
Non-Payment: Non-performance arising out of: (Export)
Supplier Perils: Contract termination, insolvency, protracted default
Country perils: Embargo, License, War, CI/ET

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Definitions continued
Unfair Calling of On Demand Contract Bonds:
• ‘Unfair’ Calling by the Beneficiary where Insured NOT in contractual default
• ‘Fair’ Calling where Insured is in default but only due to Political Perils such as;
• Embargo and Licence Cancellation
• War and Political Violence

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Permanent Assets - CEN
For Joint Ventures; 100% Subsidiaries; Projects:
• Confiscation
• Expropriation
• Nationalisation
• Forced Abandonment & Forced Divestiture
• Loss of Concession / License / Permits, Selective Discrimination
• Export Embargo
• Political Violence (war, terrorism)
• Currency Inconvertibility

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Permanent Assets - CEN
100% Indemnity
Policy Period up to 10 years (usually 3 – 5 years)
Non-Cancellable
INVESTORS
• Value of Equity &/or Inter-company Loans &/or Guaranteed Bank Loans
LENDERS
• Value of the Scheduled Loan Repayments

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Mobile assets (CEND)
For equipment or stocks:
• Confiscation, Expropriation, Nationalisation,
• Deprivation (export embargo)
• Forced Abandonment
• Political Violence (war, terrorism, etc.)
• Non-repossesion (leased equipment)
CONTRACTORS - Value of equipment
COMMODITY TRADERS & OFFTAKERS - Value of Stocks

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Non-Payment
Country risks (public and private buyers)
• Import / export embargo
• Cancellation / non-renewal of licenses (non-issuance?)
• Termination through war / civil war / government interference
• Withdrawal / suspension of funding (externally funded contracts)
• Currency inconvertibility & exchange transfer

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Non-Payment - continued
B. Buyer risks (public and private buyers)
• Unilateral termination / failure / refusal to comply with contractual obligations
• Failure / refusal to honour arbitration award
• Non-payment by buyer / obligor
C. Unfair Calling (on-demand bonds & guarantees)
• Fair & unfair calling

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Non-Delivery/Non-Performance
Country Risks (Public & Private Suppliers)
• Import/Export Embargo
• Cancellation/non-renewal of licences (non- issuance?)
• Termination through war/civil war/government interference
• Confiscation/seizure
• Non-honouring of guarantee (repayment)
• Currency Inconvertibility

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Non-Delivery/Non-Performance - continued
Supplier Risks (Public & Private Suppliers)
• Contract termination
• Non-delivery
• Non-repayment

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Uninsurable Risks
• Tariffs and Protectionism
• Loss of intellectual property
• Loss of title
• Biased/inadequate local legal system
• Punitive taxes
• Infrastructural inadequacies
• Corruption
• Import/export tariffs/quotas
• Slow/inefficient bureaucracy
• Labour controls
• Commodity price fluctuation and devaluation
• Currency fluctuation and devaluation

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Section 4: Case Studies*
• Overview
• Macmahon Holdings
• SouthGobi
• Burnstone
• Khan Resources
• Australian mine – Solomon islands
* Information taken from open sources

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Overview*
• Last year 106 exploration licences were revoked by the Mongolian government.
• Former licence holders were compensated for their expenditures in the tender
and exploration process
• Not potential lost revenue
* Information taken from open sources

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Macmahon Holdings*
• August 2014 - Macmahon suspended activities at the Tavern Tolgoi coal mine
• This was due to the non payment of USD 22,000,000 of progress payments due
from state-owned Erdanes Tavern Tolgoi
* Information taken from open sources

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SouthGobi Sands*
• Attempted 2012 transfer of Ovoot Tolgoi coal mine to Chinese (Chalco)
• Mongolia suspend SouthGobi’s mining and exploration licences
• The government passed a bill declaring that the sale of any asset deemed to be
of ‘strategic importance’ required approval from the khural
• Chalco withdrew bid
* Information taken from open sources

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Burnstone – South Africa*
• Operations at Burnstone were suspended due to the company not being able to
afford the mine’s required working capital
• Mine defaults on payments to banks
* Information taken from open sources

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Khan Resources*
• In July 2009, the Mongolian government suspended Khan’s licence at the
Dornot uranium mine.
• Passed the Nuclear Energy Act, that sought to seize 51% of Dornod at no cost
to the government
• Prime Minster announced the Dornod Joint Venture consisting of Monatom
(Mongolian) and ARMZ (Russian) to develop the Dornod deposit
• Khan is seeking over USD 350 million in damages at arbitration
* Information taken from open sources

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Section 4: The Market
• The Political Risk market in London
• London Market Capacity
• Benchmark Pricing

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Political Risk – London Market
• 30 Lloyds Syndicates
• 28 Corporate Insurers
• 7 Multilaterals including MIGA (The World Bank)

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Capacity – USD (Millions)
0
200
400
600
800
1000
1200
1400
1600
1800
2000
2200
2400
1994 1997 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
CapacityinUSDMillion
Contract Frustration
Investment Insurance
Single Credit

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Average pricing and capacity per transaction

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Section 5: Country rates
• Current Mongolian mining sector rates

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Thank you for your time and attention
Any questions?
Vlad Bobko
Head of Crisis Management
(Terrorism, K&R, Political Risks, Contingency & Agri)
Aon Risk Solutions | Global Broking Centre | London
Chief Broking Officer, Director Large Accounts and Specialty
Aon CEE, CIS and Mongolia
t. +44 (0)207 0864834 | vlad.bobko@aon.co.uk