More than ever, the mining industry is subject to legal and regulatory requirements imposed by foreign governments as well as UK laws that are extraterritorial in scope. A further element of risk is often inherent in the territory in which the asset is held; many natural resource deposits are located in emerging markets where the local customs, rule of law and the approach of the government may be regarded as challenging when judged against western standards.

This afternoon seminar hosted by Mayer Brown will look at some of the risks that need to be considered when making investments in remote regions, where the geopolitical environment is often challenging and hostile. As we have seen in a number of key mining countries, expropriation has become increasingly common. We will outline how you can protect your investments and operations both through Political Risk Insurance as well as Bilateral Investment Treaties. We will also discuss how the new UK Bribery Act 2010 will affect your business. The Act, due to become operative later this year, exposes those mining companies with a business presence in the UK to a fine and other sanctions if they fail to prevent bribery from occurring in the course of their business operations around the world. This is the case even if the conduct constituting the bribery offence accords with local custom or practice. We will discuss the new offences introduced by the Bribery Act, and how you can protect your business, by ensuring that your compliance and risk management programmes meet the required standard.

Mayer Brown partners Philippa Charles, Andrew Legg and David Chadwick will address:

Expropriation risk and potential remedies for investors
  • the risk of expropriation (direct, indirect and creeping) of physical assets and punitive taxation of revenues
  • key features of the Bilateral Investment Treaties, a potential remedy for investors when such actions are taken by a State entity
  • ways in which investments can be structured to take out best advantage of the available protections.

UK Bribery Act 2010: what you need to know and how to protect your business

  • the new offences introduced by the UK Bribery Act 2010
  • key differences between the UK Bribery Act 2010 and the US Foreign Corrupt Practices Act
  • the essentials for an effective global anti-corruption compliance programme.

Political Risk Insurance: an overview and the claims process

  • types of political risk insurance available
  • a summary of standard exclusions
  • brief analysis of what a political risk claim may look like

Registration: 3:45 p.m.
Presentation: 4:00 p.m. - 6:16 p.m.
Tea/Coffee Break: 4:45 p.m. - 5:00 p.m.
Drinks and canapés: 6:15 p.m.

Ian Coles, Partner

David Chadwick, Partner
Philippa Charles, Partner
Andrew Legg, Partner

Location (View Map)
Mayer Brown International LLP, 201 Bishopsgate, London EC2M 3AF

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For additional information, please email Hana Sedlackova or telephone +44 20 3130 8349.