Report No. 62378-ZM Zambia What Would it Take for Zambia’s Copper Mining Industry to achieve its Potential? June 2011 Finance & Private Sector Development Unit Africa Region Document of the World Bank ACRONYMS, ABBREVIATIONS & CURRENCY AFTFP Africa Finance and Private Sector Development Unit of the World Bank BOZ Bank of Zambia CAGR Compound annual growth rate CNMC China Non-Ferrous Metal Mining Group CSSDP Copperbelt Small and Medium Enterprise Suppliers Development Program DFID United Kingdom Department for International Development DRC Democratic Republic of the Congo FDI Foreign direct investment GDP Gross domestic product ICMM International Council on Mining and Minerals JPC Jobs and Prosperity: Building Zambia’s Competitiveness Program KCM Konkola Copper Mines LME London Metal Exchange PPI Policy Potential Index SXEW Solvent extraction and electro-winning UNCTAD United Nations Conference on Trade and Development VAT Value Added Tax ZRA Zambia Revenue Authority All dollar amounts are U.S. dollars unless otherwise indicated. Regional Vice President: Obiageli Katryn Ezekwesili Sector Director: Marilou Jane D. Uy Sector Manager: Michael J. Fuchs Task Team Leader: Marie Sheppard Standard Disclaimer: This volume is a product of the staff of the International Bank for Reconstruction and Development/The World Bank. The findings, interpretations, and conclusions expressed in this paper do not necessarily reflect the views of the Executive Directors of The World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Copyright Statement: The material in this publication is copyrighted. Copying and/or transmitting portions or all of this work without permission may be a violation of applicable law. 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CONTENTS ACKNOWLEDGMENTS .......................................................................................................... i EXECUTIVE SUMMARY .......................................................................................................ii 1 INTRODUCTION .............................................................................................................. 1 2 WHAT ARE THE PROSPECTS FOR COPPER GLOBALLY? ...................................... 4 2.1 Trends in Demand ....................................................................................................... 4 2.2 Trends in Supply ......................................................................................................... 6 2.3 Global Balances........................................................................................................... 7 2.4 Prices ........................................................................................................................... 8 2.5 The Effect on Investment .......................................................................................... 10 3 THE STATUS OF COPPER MINING IN ZAMBIA ...................................................... 11 3.1 The Revival of Zambian Copper Mining .................................................................. 11 3.2 The Economic Contribution of Zambian Copper Mining ......................................... 13 3.3 Looking to the Future ................................................................................................ 23 4 HOW ATTRACTIVE IS ZAMBIA FOR COPPER MINING INVESTMENT? ............ 25 4.1 The Geological Potential ........................................................................................... 25 4.2 How Do Investors Rate Zambia as an Environment for Mining? ............................. 28 5 HOW COMPETITIVE IS ZAMBIA’S COPPER MINING INDUSTRY? ..................... 34 5.1 Uncompetitive Zambian Mines ................................................................................. 34 5.2 High Input Costs Undermine Zambia’s Competitiveness ......................................... 40 5.3 Business Environment Could Be Better .................................................................... 48 5.4 Attitudes to Mine Closure ......................................................................................... 48 5.5 Key Competitiveness Issues ...................................................................................... 49 6 WHAT COULD THE INDUSTRY DELIVER?.............................................................. 51 6.1 Scenario 1: Business as Usual .................................................................................. 51 6.2 Scenario 2: Improved Investment Attractiveness and Competitiveness ................... 53 7 WHAT WOULD IT TAKE TO ACHIEVE THE POTENTIAL? ................................... 57 7.1 Increasing the Attractiveness for Investment ............................................................ 57 7.2 Developing a Competitive Industry .......................................................................... 58 7.3 Using the Proceeds of Copper to Deliver Prosperity ................................................ 59 7.4 Bringing About these Results is Worth Doing .......................................................... 60 BIBLIOGRAPHY .................................................................................................................... 61 ANNEX: Technical Papers Prepared Under the JPC Program ................................................ 63 ACKNOWLEDGMENTS This report is a window into a larger initiative, the Jobs and Prosperity: Building Zambia’s Competitiveness (JPC) Program. The JPC Program is a “joint venture” between the Government of the Republic of Zambia, the Zambian private sector, the United Kingdom’s Department for International Development (DFID), the African Development Bank Group and the World Bank Group. As such, the report represents the collective efforts of many people who engaged in this work at different stages in the process. As this report is being published, the Program is being implemented by teams of stakeholders from Government, industry and civil society. While these teams are driving the work forward in an effort to achieve results, a smaller group of people was involved in preparing this report. This report is part of a series produced by the World Bank’s Africa Finance and Private Sector Development Unit (AFTFP).1 The team is led by Marie Sheppard (Senior Private Sector Development Specialist), and includes Anna Morris (Private Sector Development Specialist), Michael Engman (Economist) and Sipiwe Chihame (Team Assistant). The report is based on a draft prepared by Sunil Sinha and Frank Russell (Consultants, Nathan EME, Ltd.) The report benefited from the overall guidance of Michael Fuchs (Acting Sector Manager – East & Southern Africa, AFTFP, World Bank) and Kapil Kapoor (Zambia Country Manager, World Bank) and from the comments of peer reviewers Steven Jaffee (Senior Rural Development Specialist, World Bank) and Michael Wong (Senior Private Sector Development Specialist, World Bank). The team is grateful for the insights and suggestions received from Nazir Ahmad (President, GivingWorks, Inc.), Alexander Chileshe (Executive Director, Economics Association of Zambia), Clare Harris (Economist, DFID), Charles Husband (Consultant, World Bank), John Kasanga (Director, Independent Management Consulting Services, Ltd.), Bryan Land (Senior Petroleum Specialist, World Bank), Gary McMahon (Senior Mining Specialist, World Bank), Christopher Sheldon (Lead Mining Specialist, World Bank), Tim Smythe (Strategy Advisor, GivingWorks, Inc.), Scott Taylor (Associate Professor, Georgetown University) and Alan Whitworth (Senior Economist, DFID). Aaron Griffiths provided editorial assistance and Ngoc Do and Isaac Ngoma provided research and logistical support. Special thanks go to the Government of the Republic of Zambia, in particular, to officials from the Ministry of Mines and Minerals Development, for guiding and supporting this work. Equally important was the input of the Chamber of Mines and other representatives of the business community, who contributed substantial amounts of time, energy and information. The team also acknowledges the invaluable assistance provided by a number of other individuals and organizations that are too numerous to mention individually. 1 For a list of reports in the series, see Annex. i EXECUTIVE SUMMARY This report explores the potential contribution that the copper mining industry could make to jobs and prosperity in Zambia, and what it would take to achieve this potential. Copper has for many years played an important role in Zambia’s economy, and the performance of the economy has followed the fortunes of copper mining closely. This report investigates the role copper mining could play in achieving the government’s objectives of increasing economic growth and jobs in the future. Global prospects for copper are favorable. Driven by increased consumption in emerging economies, especially China and India, demand for copper is expected to grow at around 3 percent annually, reaching 25 million tonnes by 2020. Supply of copper from known sources is expected to peak at 20 million tonnes and decline thereafter, resulting in a shortfall in supply. Copper prices are expected to remain high in real terms, though they will be subject to cyclical fluctuations and periodic, short term, volatility. To meet the shortfall in supply and take advantage of high prices, the global mining industry is looking to increase investment in copper mining. Where it chooses to invest depends upon three factors: (1) good mineral potential, (2) a sound policy environment, and (3) a competitive industry able to generate good returns to investment. Although 40 percent of the country has not been geologically surveyed, Zambia is recognized by the international mining industry as having good mineral potential. Zambia possesses 6 percent of known world copper reserves. The resources available to existing mines in Zambia are estimated at 2.8 billion tonnes of ore ranging between 0.6 percent and 4 percent copper. This, together with recent successful exploration, should be sufficient to sustain the industry well into the middle of the twenty-first century. According to the highly-respected Fraser Institute survey of mining and exploration companies, Zambia ranks 26th out of 79 jurisdictions worldwide for mineral potential. In Africa, only the Democratic Republic of Congo (DRC) and Burkina Faso have appreciably higher mineral potential scores.1 However, the country’s policy environment is not considered favorable. Zambia ranks 57th out of 79 jurisdictions on the Fraser Institute’s Policy Potential Index.2 This is confirmed by the influential mining consultancy Behre Dolbear, whose 2011 ranking of countries for mining investment placed Zambia 19th out of 25. The main factors that detract from the policy environment in Zambia are: (1) social issues with respect to community services, (2) currency instability, (3) corruption, (4) the tax regime and (5) the political system. The Zambian mining industry has a high cost base, with most of the major mines in the top two quartiles of the international cost curve. In the mining industry, with prices determined by international markets, the sole determinant of competitiveness is cost of production. The older mines, which account for the majority of output, produce at a cost well above the international benchmark for new investment of $4,400 per tonne ($2 per lb). The newer mines are able to meet the benchmark but the high cost base means that even they are in the middle of the international cost curve. ii The major factors that undermine competitiveness are: 1. Resources at the older, large, mines have largely been depleted, creating a need to mine at considerable depth and distance from the mine head and hence leading to high costs. Mines that have passed their useful economic life are kept open due to government pressure. 2. Input costs are high, having risen rapidly, and productivity is low, and this undermines the cost competitiveness of all the mines. The major input of concern is labor, the cost of which has risen dramatically in recent years and the productivity of which is well below international standards. The cost of other inputs, such as equipment, spares, fuel and other consumables is also high. Most items need to be imported because the supply base in Zambia is weak. 3. Infrastructure is poor. Power shortages limit output. The rail system is costly and unreliable. The time and cost of clearing borders is high and this adds to road transport costs. Zambia has failed to maximize the industry’s potential to contribute to national prosperity. The nationalization of the mines during the 1970s proved to be a disaster - resulting in under-investment, falling output, and the industry becoming a major drain on the exchequer. After privatization, in the 2000s, investment and output have revived, but the country is yet to benefit fully. The world over, the major contribution that the mining industry makes to national prosperity is through paying taxes that governments can then reinvest in infrastructure and human development. Despite the revival of the industry since privatization, the mining industry’s contribution to government revenues has remained low, peaking at just 1.4 percent of GDP in 2008. Mining taxes amount to just 8 percent of total tax revenue. This is a low figure given the industry’s share of GDP (15–18 percent) and the value of copper exports (over $3 billion). Worldwide, taxes represent between 25–40 percent of export revenues. In Zambia, they represent 3–5 percent. The reason for the low tax take lies in the Development Agreements signed by government at the time of privatization and which gave away generous tax concessions. In 2008, a new tax regime was introduced which was considered draconian by the industry and had to be replaced, prompted by the sharp fall in copper prices during the global downturn. In 2009, the government instituted a new tax regime that follows good international practice. The effective tax rate of 47 percent is within the international range of 40–50 percent. Under this regime, the tax take should increase dramatically. However, the regime faced challenges from the mining industry because of invariability clauses contained in their Development Agreements. The industry also complains that it should be compensated for the government’s failure to provide adequate infrastructure and social services, which undermine mines’ cost competitiveness. At the root of the matter lies the failure of the government and the industry to agree on an operating regime that strikes an acceptable balance between the interests of the industry and its contribution to national prosperity. Such a regime needs to cover taxation as well as government’s obligations to provide the macro-economic stability, good governance, infrastructure and social services that the industry needs to prosper. Unless such a regime is agreed, it is likely that industry players will continue to dispute at least some aspects of the iii new tax regime and that government revenues will not rise as quickly as they ought to. Moreover, the tax regime will remain unstable, undermining investor confidence. This report examines two scenarios for Zambia’s mining industry: “business as usual” and “realizing its potential”. Under the “business as usual” scenario: x Due to favorable global prospects, Zambia will continue to benefit from the high price of copper and so export earnings will rise to $4.8–$6.8 billion a year. x Output, however, will remain at 800,000–850,000 tonnes a year, constrained by power shortages. x Investment is likely to fall from current high levels as the limits to output choke off first investment in operations and then exploration. x The tax take will increase but remain below $1 billion a year as parts of the industry continue to challenge the new tax regime. x Zambia will continue to suffer limited linkages between the mining industry and the rest of the economy. x During inevitable downturns in the price of copper, an uncompetitive Zambian industry will respond by suspending operations and laying off workers - as it did in 2008/2009. Under the “realizing its potential” scenario: x Zambia should be able to sustain the increase in investment experienced recently. x Output should increase to 1.3–1.5 million tonnes a year by 2020, making it the world’s second largest copper producer after Chile. x Export revenues should rise to $9–$12 billion a year.3 x The tax take should increase to $2.25–$4 billion a year. x Although there is limited scope for additional job creation, the industry would be able to provide more skilled and better-remunerated employment. x It should be possible to increase the industry’s local supply base, spurring the growth of other industries such as manufacturing and creating more employment in those industries. x A more competitive industry should be more resilient to downturns. Achieving the more desirable outcomes set out under the “realizing its potential” scenario requires that a number of results be achieved to improve the investment climate and improve cost competitiveness: 1. The government, the mining industry and the representatives of labor and civil society arrive at a consensual and transparent agreement on what is needed to develop the copper mining industry in ways that balance the interests of the industry and the development needs of the country. The agreement should cover taxation, iv infrastructure, social provision, corruption and currency stability, helping to improve Zambia’s ranking in both the Behre Dolbear and Fraser Institute indices. 2. A much stronger Geological Survey Department at the Ministry of Mines plays a more active role in the identification of the country’s resources, enabling the government to attract more investors and sign clearer exploration and development agreements. 3. The mines currently in the upper quartile of the international cost curve move to the third quartile, providing greater resilience against price dips. Mines that have reached the end of their productive lives are closed. The newer mines improve their competitiveness further. 4. All new mines are able to meet investment criteria at the production cost benchmark of $4,400 per tonne comfortably. 5. Labor costs are kept in check in dollar terms through less adversarial collective bargaining made possible by greater transparency on both sides and through the government’s intermediation. 6. Zambia reduces the gap in productivity with Chile and other comparators as a result of more effective training. 7. Power outages no longer take place and the grid extends to new mining areas. 8. Investment in road infrastructure targets the needs of the mining industry in terms of easing transport bottlenecks for existing mines and linking new mines to the road network. 9. The cost of fuel falls to South African levels for the mines and haulers. 10. The cost of road transport falls to South African levels as a result of lower fuel costs, reduced duty on spares, a better-trained workforce and better-maintained, less congested roads. 11. The railways are improved, through greater investment and better management, reducing the reliance on road transport. 12. Better trade facilitation reduces the time to cross borders, with the mines reporting that the time to port falls by half. This contributes to an improvement in Zambia’s ranking on the World Bank’s Doing Business Index.4 13. A larger, faster growing industry and an improved operating environment for manufacturing attract international original equipment manufacturers to locate in Zambia. The mines are incentivized to undertake vendor development programs. 14. A stable, competitive exchange rate helps to improve the competitiveness of the mines and manufacturing. 15. Repair and maintenance and consumable costs fall as a result of better trained Zambian technicians and a lower cost, domestic supply of spares and consumables. v Ensuring that Zambia is able to use the proceeds from copper to deliver prosperity for its people requires that the following be achieved: 1. The potential resource “curse” of natural resources is addressed through effective management of foreign exchange and government revenues generated by copper; 2. The government uses its tax revenues from copper mining to improve the competitiveness of the economy by investing in human development, infrastructure and social services. Longer term, it uses copper revenues to transform the economy’s basis of growth from factor-driven to efficiency-driven. 3. The government and the private sector work together to develop the competitiveness of industries with the potential for diversifying the export base. 1 Many of the best-scoring jurisdictions are states or provinces of the United States, Canada and Australia. 2 Intended to serve as a report card for governments on how attractive their policies are from the point of view of an exploration manager. 3 Assuming an output of 1.5 million tonnes per year at a price of $6,000-$8,000 per tonne. 4 http://www.doingbusiness.org vi 1 INTRODUCTION x Why are industries in which Zambia has an apparent comparative advantage, such as commercial agriculture and tourism, not generating more jobs and income? x What can be done differently - by Government, businesses, civil society and donors - to change this situation and make these industries more productive? x Can innovative approaches such as crowd sourcing, often adopted by the private sector, be used to generate results and facilitate accountability for achieving them? These questions continue to preoccupy policy makers, businesses and civil society – especially in light of Government’s strategy to embrace private sector-led growth and facilitate competitiveness and diversification. While Zambia’s economy performs well, in macroeconomic terms, low levels of productivity plague industry, and this constrains growth, diversification and prosperity. In recent years, economic growth has averaged 5-6% a year, business reforms are being implemented (Zambia was one of the top ten reformers in the Doing Business Index of 20111), and investment levels are at an all time high. However, according to the World Economic Forum’s Global Competitiveness Index 2010-2011, Zambia is not a competitive place in which to do business (ranking 115th out of 139 countries). Not surprisingly, business productivity tends to be low, and few Zambian industries are internationally competitive. Formal employment is shrinking (estimated at 10% of the labor force) and rural poverty is increasing. In summary, there is an urgent need to increase productivity, growth and employment. In 2008, when discussing Zambia’s progress relative to its Fifth National Development Plan, government and the World Bank agreed to try a different approach to building business productivity and industry competitiveness. Collectively, we wanted to know: is there a better way to design/implement policies and programs so that they are more effective? The World Bank discussed this question with other donors supporting private sector development in Zambia, some of whom then became partners in a new initiative, the Jobs and Prosperity: Building Zambia’s Competitiveness (JPC) Program.2 The JPC Program has two phases. Phase I encourages demand for results that, if achieved, could increase the productivity of Zambian businesses. Phase II facilitates the supply of these results. During Phase I, stakeholders identified copper, beef, dairy and tourism as industries with large but unexploited potential that could benefit from the JPC approach. A collaborative process was used to analyze the competitiveness of these industries and identify opportunities and challenges to realizing them. The analytical work was structured so as to maximize the accuracy and ownership of results. This participatory approach helped to mobilize stakeholders and catalyze demand for achieving the target results. While the industries had been studied before and many of their challenges were known, they remained largely uncompetitive within the region and the world. The JPC Program leveraged off this previous work and adjusted the process of performing analytical work so as to avoid similar pitfalls. Specifically, the JPC sought to generate strong consensus around the analytical findings, which included the explicit consideration of political, social and institutional issues. This approach distinguishes the JPC from previous analytical work and is expected to increase the likelihood of tangible results being achieved. Following the analytical work, industry stakeholders used agreed criteria to select three to four priority target results that – if achieved – could assist in unlocking the industries’ potential. These target results became the focus of the program’s Phase II (implementation). Phase II has two goals. First, to supply some concrete results by experimenting with a range of tools, including challenge competitions and crowd-sourcing, both of which have been used successfully by the private sector. Tapping into the “wisdom of crowds” (both local and global) can identify cost-effective ways to achieve the target results – which can then be implemented on a pilot basis. Second, to facilitate advocacy and accountability for achieving the target results. The JPC provides information, analysis and resources to enable advocacy, and, equally important, a means by which stakeholders can hold each other accountable for delivering results. What happens next? The JPC Program is a pilot, operating with limited time and resources, seeking to deliver concrete results within 2-3 years. It is too early to know whether the program is successful – in terms of outcomes. What is clear, however, is that the approach of mobilizing demand and supply for clearly defined results can be an effective way to improve the caliber of analysis and to build consensus around priorities. The ownership generated by this process increases the likelihood of outcomes being achieved, as key stakeholders advocate for outcomes and monitor progress towards attaining them. The JPC approach is an experiment, and while the risk/return ratio is not yet known, the experience is useful. Whether or not the Program is successful, the experiences gained will be captured for future work in Zambia as well as for other countries with similar challenges. It is hoped that the return on investment will be positive – both for Zambia, which needs more productive industries to drive prosperity, and for the development community, which needs more effective ways of supporting competiveness and diversification. -------------- This report is one in a series of documents produced under Phase I of the JPC Program3. It explores the potential contribution that the copper mining industry could make to jobs and prosperity in Zambia, and what it would take to achieve this potential. It aims to facilitate the development of a common vision of the industry and of what it would take to bring about this vision. In line with the Program’s approach, the report does not contain recommendations on what should be done or plans for their implementation.4 It is organized as follows: Chapter 1 (this chapter) introduces the background to the program and to this report. Chapter 2: What are the Prospects for Copper Globally? takes stock of conditions likely to prevail in the global copper industry, analyzing the factors that are causing a shortfall in world copper supply and driving investors to invest in new mines. This sets the scene for what Zambia could hope to achieve from improving the growth and competitiveness of its copper mining industry. Chapter 3: The Status of Copper Mining in Zambia considers the contribution copper makes to the Zambian economy and sets out what it could deliver in the future. Chapter 4: How Attractive is Zambia for Copper Mining Investment? examines where Zambia ranks in international comparisons of the attractiveness of countries for investment and identifies the main strengths and weaknesses. 2 Chapter 5: How Competitive is Zambia’s Copper Mining Industry? compares the competitiveness of copper mines in Zambia against their international counterparts. Chapter 6: What Could the Industry Deliver? sets out what is likely to happen to Zambia’s copper industry under a “business as usual” scenario or, conversely, if measures are taken to improve the environment for investment and the competitiveness of the industry. Chapter 7: What Would it Take to Achieve the Potential? highlights a number of results that – if achieved – would help Zambia’s copper mining industry to achieve its potential. Note: The majority of the research and consultations on which this report is based were conducted during the first half of 2010. 1 See www.doingbusiness.org 2 For more details of the JPC Program and its achievements to date, see World Bank Group. 2011 (forthcoming). More Jobs and Prosperity in Zambia: What Would it Take? 3 For a list of reports in the series, see Annex. 4 The Program is experimenting with tools such as challenge competitions and crowd-sourcing in order to identify recommendations for action. 3 2 WHAT ARE THE PROSPECTS FOR COPPER GLOBALLY? To determine the extent to which Zambia will be able to benefit from increasing the growth and competitiveness of its mining industry, it is necessary to take stock of the global prospects for copper. This Chapter starts by analyzing demand and supply and concludes with how global demand and supply balances are likely to affect prices and hence investment. 2.1 Trends in Demand There is substantial evidence from a variety of different sources that demand for copper is likely to continue to increase steadily. The evidence comes from several major mining companies as well as respected industry analysts. Figure 1 is taken from a presentation by Xstrata, one of the world’s leading mining companies. Rapid economic growth and urbanization in the emerging countries of Asia and Latin America are driving up currently low levels of per capita copper consumption in these countries. As per capita consumption in these countries approaches developed country levels, demand in these countries, with their large populations, will increase dramatically, signaling a positive outlook for world demand. This trend is projected to continue to 2020 at the very least. Figure 1: Xstrata1 View of Urbanization Trends and Copper Consumption Intensity Source: Xstrata presentation based on data from UN Population Division, Deutsche Bank research, Global Insight and JP Morgan research. Rio Tinto, another major mining company, holds a similar view. In a presentation made in November 2009, the company forecast strong metal demand for the next 20 years, as shown in Figure 2. Of particular relevance is the statement that “in order to meet demand, the copper industry will need to bring on stream the equivalent to one Escondida 2 (the world’s largest 4 copper mine) every year”, in other words about one million tonnes of copper. Putting it in perspective, this is same output as currently targeted by the whole of the Zambian mining industry. Figure 2: Rio Tinto’s View of Metals Demand for the Next 20 Years Source: Presentation made by RioTinto at the Macquarie Global Metals and Mining Conference, November 30, 2009. Analysis carried out by respected industry analysts such as Brook Hunt3 reinforces these large international mining companies’ views (see Figure 3). Figure 3: Brook Hunt’s View of Refined Copper Consumption up to 2020 China Asia excl. China Europe Rest of world Source: copyright Brook Hunt, via Anglo Base Metals 2009. 5 The analysis shows that growth in global consumption of refined copper is likely to accelerate marginally from the 2.8 percent compound annual growth rate (CAGR) achieved over the 2003–8 period to a CAGR of 2.9 percent between 2008 and 2020. The driver of growth is likely to be very fast growth of copper consumption in China, the world’s largest copper consumer. Not only is copper consumption likely to increase to meet China’s own needs, but the country will also strengthen its position as the world’s largest exporter of copper-containing products. It is forecast that China will account for 50 percent of world refined copper consumption by 2035 compared to 38 percent today (Brook Hunt 2010). Consumption growth in India will also be strong, with the country doubling its share of refined copper consumption to around 8 percent by 2035. Demand is being driven up by large investments in the power, telecommunications, housing, appliances and automobile sectors. The very rapid growth in consumption from these countries, however, will come partly at the expense of consumption in the developed world. The manufacture of copper-using products is expected to transfer to lower cost countries. Nevertheless, world demand is set to continue to grow at around 3 percent a year. This positive outlook assumes that the global economy recovers its pre-financial crisis growth trajectory in the next few years and that the fundamentals of demand for copper, especially investment in power and housing and expenditure on consumer durables, remain sound. Driven by China and India, world demand for copper is likely to grow at around 3 percent a year to 2020, approaching 25 million tonnes by that year. 2.2 Trends in Supply Counter to this continued increase in demand, world copper production from known sources is set to decline. Most analysts believe that, as mines come to the ends of their useful lives and close, supply from existing sources will peak in 2012 and start to fall from 2013 onwards. With demand continuing to grow, this will prompt efforts to revive output by investing in sites that have been mothballed or closed in the past (brown field investment) and in developing new mines (green field). Taking into account what is known about probable brown field and green field projects, supply should continue to increase up to 2014 or shortly thereafter. Beyond that period, supply is expected to start to fall. Brook Hunt’s analysis of likely copper production is shown below (Figure 4). The key message is that, with the current known investment plans, copper production is likely to peak at just less than 20 million tonnes. There are also a number of possible projects that could, if they prove feasible, increase supply further. However, the extent to which they will be able to increase supply is still unknown. 6 Figure 4: Projected World Supply of Mined Copper Source: copyright Brook Hunt, via Anglo Base Metals 2009. 2.3 Global Balances With demand for copper continuing to increase and supply challenged to keep pace, balancing demand with supply will be extremely difficult from 2015 onwards. The commonly-held view is that, by 2020, in order to meet demand, the world will need to increase copper mine output by nearly 8 million tonnes per year over current production of 15 million tonnes, the equivalent of eight times the Zambian government’s target for annual copper output. Figure 5 summarizes the view of one source, ABM Analysis, which is one of many sources forecasting similar shortfalls. Figure 5: ABM Analysis’ View of Copper Supply Demand Source: Anglo Base Metals 2009. 7 Allowing for probable brown field and green field projects coming on stream, world supply of mined copper from known sources is likely to peak at less than 20 million tonnes by 2013 or 2014. 2.4 Prices Clearly, the industry expects that demand for copper will continue to increase and that demand will not be met by currently known sources of supply. How prices will behave, however, is a matter for speculation. At the time of research for this report (early 2010), there was some concern that copper prices might fall. The main source of this concern was likely dampening of the double-digit growth of consumption in China that did so much to revive prices in 2009. The reasons for the rate of Chinese consumption growth slackening are: x The $4 trillion stimulus package that China unveiled in 2008 is coming to an end. It is possible that the effect of the stimulus package ending will be a dampening of demand for copper to meet domestic consumption needs. x The very fast rate of expansion of the Chinese economy is causing inflationary pressures. As a result, the Chinese government is attempting to curb bank lending and that may well dampen investment and demand for copper. x The rising price of copper has caused speculators to build up stocks. If demand does not continue to rise as fast as speculators had estimated, this may cause them to sell copper, bringing down prices. While these factors are a cause for concern, they may not result in a price fall in practice. The very reasons for the overheating of the economy that have prompted the Chinese government to curb bank lending suggest that demand for copper in China may continue to grow strongly. And, speculators, knowing that a shortage of copper is likely to develop at some stage in the near future, may choose to continue to hold stocks. Whatever the outcome of copper prices in the short term, observers believe that prices are set to remain high in the medium to long term, reflecting the shortfall in supply. Since 2002, copper prices have been rising in real terms (Figure 6). After the sharp correction in late 2008 and early 2009, they have resumed that trend. Some analysts are projecting a price in excess of $8,000 a tonne by 2011 and likely to remain at this high level in real terms thereafter. 8 Figure 6: Real and Actual LME Copper Price, 1970–2009 US$/tonne 8,000 7,000 6,000 5,000 Actual 4,000 Real 3,000 2,000 1,000 0 1970 1980 1990 2000 2010 Source: London Metal Exchange. However, given that copper usage is influenced strongly by investment (Figure 7 shows the main end-uses of copper), demand will respond to cyclical forces. Periodic downturns are likely to cause prices to fall. Further, with a tight demand–supply balance, speculative activity could also have a major impact on the market. The combined effect of economic cycles and speculation will be price volatility. Figure 7: End Uses for Copper Transport, 4% Other, 6% Industrial, 13% Building, 25% Electrical, 52% Source: International Wrought Copper Council and CRU Copper prices are expected to remain high over the medium to long term but price volatility is likely to continue. 9 2.5 The Effect on Investment Mining companies are currently looking and will continue to look for copper to satisfy the projected supply shortfall. Investment in exploration is increasing and this has benefited Zambia already, with one of the world’s largest mining companies, BHP Billiton, investing in exploration in the Mumbwa area. New technologies are being introduced to develop mines with low grade deposits and to revive old mines. Where mining companies invest depends mainly on the following factors: x The nature of deposits and the level of investment needed to develop them. x The investment environment forged by factors such as mining policies, the tax regime and the wider climate for investment in the country. The environment for mining affects the required hurdle rate of return4 that mining companies and their financial backers seek: the more risky the environment, the higher the required hurdle rate. x The cost competitiveness of the industry itself, the availability and cost of power and the time and cost of transportation to markets. These factors affect the profitability of the investment: the more competitive the country, the higher returns are likely to be. The above correspond to the top ten ranked criteria listed in a United Nations survey of 45 companies, which range from geological potential to the stability of the investment climate (policies, exchange rates, terms and conditions, tax and fiscal regime).5 It is important to note that, despite the projected deficit in supply and the likelihood that prices will be high (though volatile), the consensus of the mining industry, as well as the financial and banking community, is that investment will only be made in copper projects that are profitable at a copper price of no more than $4,400 per tonne or $2 per pound. This is a comparatively low figure given current and projected copper prices. The use of such a low price benchmark reflects the need to cover the various types of risks involved: country risk, project risk as well as price risk. It also ensures that the risk-adjusted rate of return to the large sums needed to open new mines or resuscitate old ones is likely to be attractive. What this benchmark means is that investors will not rush into investing in exploration and mining across the board. They will continue to subject each country and investment to a high degree of scrutiny. There are many places where companies can look to invest in copper mining: some are well- established destinations for investment, such as Chile and Peru; some where there is a resurgence in copper mining, such as the US; and others, such as Kazakhstan and Mongolia, that were not major players on the world scene until recently. To attract the additional investment it needs to increase the growth of copper mining beyond current target levels, Zambia will need to compete against these destinations. Zambia will need to compete for investment with established copper producers, countries where mining is reviving, and newly emerged destinations. The benchmark used for investment by the industry and the banks is profitability at $4,400 a tonne. 10 3 THE STATUS OF COPPER MINING IN ZAMBIA This chapter considers the performance of Zambia’s copper mining industry, the contribution it makes to Zambia’s economy and the potential benefit Zambia could enjoy by using one of its key natural resources more effectively. For a century now, copper mining has featured prominently in the life of the Zambian polity and economy, and this chapter takes stock of the copper mining industry’s recent contribution to Zambia and what more could it offer. 3.1 The Revival of Zambian Copper Mining The history of Zambia’s copper mining is one of decline followed by revival. From around 700,000 tonnes in the 1970s, copper production fell to just 255,000 tonnes in 1998. Nationalization of the mines proved counter-productive. Investment and then production collapsed. Starting in 1997, with a few false starts along the way, the privatization of the industry has led to a revival in production. Driven by rising copper prices, investment in the existing mines increased, new mines were opened up in the north-west and new processing capacity established. The increased investment in mining led to a sharp increase in foreign direct investment (FDI) flows into Zambia (Figure 8). Figure 8: Copper Prices and FDI Flows to Zambia 6 Copper prices (US$/tonne) FDI Flows (US$ million) 1,400 8,000 1,200 7,000 6,000 1,000 5,000 800 Actual 4,000 Real 600 3,000 400 2,000 1,000 200 0 0 1970 1980 1990 2000 2010 Source: Copper prices – London Metal Exchange; FDI flows – UNCTAD. The global downturn and the sharp fall in copper prices that it caused led to a fall in investment in Zambia in late 2008 and early 2009. However, the rebound of prices from mid to late 2009 caused an upturn in investment. In the first three months of 2010, investors pledged $500 million of new mining investment to the country (Box 1). While there is always a significant variation between pledges and realization, the re-emergence of a strong appetite to invest in Zambia is undoubted. 11 Box 1: Mining FDI Inflows 2010 According to the Zambia Development Agency, in the first three months of 2010: x Inward investment (all industries) increased more than sixfold compared to 2009, up from $195 million to $1.3 billion. x Investment in mining was $500 million, spurred by higher copper prices. (ZDA 2010) Several new mining licenses have been granted in 2009/2010 with the target of achieving 1 million tonnes of copper output by 2012 from a base of approximately 700,000 tonnes in 2009. The rebound in investment that took place after 2004 and is continuing now has caused the revival of output. Zambia’s mining industry grew at an average of 8 percent a year between 2000 and 2008 before suffering a temporary setback in early 2009. Zambia is regaining world market share (Figure 9). And the industry has now surpassed its 1970s levels, with an output of over 800,000 tonnes in 2010. Figure 9: Zambia’s Share of World Refined Copper Production: 1980–2010 % 10 8 6 4 2 0 1980 1985 1990 1995 2000 2005 2010 Source: International Copper Study Group and International Wrought Copper Council The country is re-establishing itself as a source of some significance in the context of global copper mine production. Zambia was once the 4th largest producer of copper worldwide. Its position in the world industry had fallen to 11th as output declined, but it has now recovered to 8th (Figure 10). 12 Figure 10: Top Ten Copper Producing Countries, 2009 (preliminary) Chile Peru United States China Indonesia Australia Russian Federation Zambia Canada Poland 0 1,000 2,000 3,000 4,000 5,000 6,000 Mine production (thousand tonnes) Source: Based on ICSG 2010, Figure p.10 With the investment that has taken place already and is likely to take place as a result of new commitments, Zambia is on course to achieve the government’s target of 1 million tonnes of copper output per year, though it is likely to take longer than the target date of 2011. If Zambia achieved the government’s target, it could very well become the 3rd or 4th largest producer in the world. It may even be possible for Zambia to overtake Peru to become the 2nd largest producer after Chile, the dominant world producer which accounts for one-third of world output. The majority of firms investing in the industry are the subsidiaries of, what are by international mining company standards, small- to medium-sized firms (including Metorex, Equinox and First Quantum). However, there are notable exceptions such as Vedanta, Glencore and the China Non-Ferrous Metal Mining Group (CNMC), which are major global players. They are likely to be joined by BHP Billiton, the world’s largest miner. The Zambian industry will be stronger as a result. Though Zambian copper mining is essentially a private industry, the government has retained a sizeable share holding (ranging from 4.4 percent to 20 percent of the shares of the privatized mines) through Zambia Consolidated Copper Mines Investment Holdings. Such an arrangement is not unprecedented in the copper mining industry. Codelco, Chile’s national copper company, owns shares in a number of privately owned mines. 3.2 The Economic Contribution of Zambian Copper Mining Over the long term, the performance of the Zambian economy has followed the fortunes of copper mining closely. The decline of copper output after the 1970s set the stage for a period of low economic growth with falling per capita GDP. The revival of copper output has helped the economy to grow more rapidly, averaging growth of over 6 percent a year during the 2000s (Figure 11). 13 Figure 11: Growth of Zambia’s GDP and Basic Metals Output 2001–9 % per year 25 20 15 10 5 GDP 0 Basic Metals Output -5 Fabricated Metals Output -10 -15 -20 -25 Source: Central Statistical Office Although the economy is diversifying, especially into services, copper mining continues to account for a sizeable part of GDP (15–18 percent)7 and it is one of the lead industries for economic growth (figure 12). Mining and quarrying grew at almost 9 percent a year during the 2001–9 period, faster than GDP overall. Agriculture, once the backbone of the economy, failed to grow for much of the 2000s, though it performed significantly better in 2009. Figure 12: Real Growth Rates of Selected Industries, 2001-9 Average % per year 12 10 8 6 4 2 0 GDP Agriculture Mining & Food, beverages Transport, quarrying & tobacco storage & communications Source: Central Statistical Office 14 The potential economic footprint of copper goes deeper than the contribution to growth: 1. Copper is the major export and its importance has increased with the revival of the industry, accounting for over 80 percent of export earnings in recent years. It is also a major source of FDI inflows. As a result, a decline in copper prices hits the balance of payments hard, causing the exchange rate to fall. Precipitous declines in copper prices therefore mean a sharp, external shock to the economy. 2. Copper is a source of government revenue and the transaction balances of the copper mines are an important source of liquidity for the banking system.8 Hence a sharp decline in copper prices compounds the external shock with a fiscal and monetary contraction at home, the extent of which depends upon the ability of government to build up reserves and borrow externally and the ability of the banking system to mobilize savings, neither of which has been satisfactory in the past. 3. The wages paid to miners, the dependents they support and the wider economic footprint of the mines in terms of buying inputs and paying local taxes means that, when the mining industry goes into reverse, consumption, which accounts for the majority of expenditure in the economy, is subdued or falls. This is what took place during the recent global downturn with demand for many products slowing down or falling. 4. The communities of the Copperbelt Province and other areas in which mines are located, are often heavily reliant on the social infrastructure built and run by the industry, either directly or enabled through the contribution that it makes to local government revenues. This wide footprint is the cause of the historic correlation between copper prices and growth. It also explains why, despite the emergence of more dynamic, modern industries such as telecommunications, the mining industry has remained the focus of economic and political attention in Zambia. Observers have questioned whether the copper mining industry’s contribution to the Zambian economy is, in reality, as high in relation to the attention it merits from policy makers. They point to some of the factors listed in the next section that limit the contribution that copper mining makes. However, over the long term, the fortunes of the Zambian economy have proven to be strongly correlated with the performance of copper mining, suggesting that the industry does have a strong influence on economic activity in the country. 3.2.1 Is Zambia Maximizing the Potential Contribution from Copper? The economic importance of copper begs the question of whether the country has benefitted fully from the exploitation of one of its key natural resources. Doubts over the extent to which the country has benefitted arise out of the following: x Low tax contributions. Estimates by the IMF and others suggest that, despite the recovery of the industry, its contribution to government revenues has remained low: peaking at just 1.4 percent of GDP in 2008 (IMF 2010). Mining taxes amount to just 8 percent of total tax revenue, a low figure given the contribution of the industry to GDP and the more than $3 billion of copper exports. It is a very low figure given that that this is the return to exchequer for the depletion of one of the country’s main natural assets. 15 x Lack of local linkages. The industry has limited linkages with the rest of economy and continues to rely on foreign sources of finance and inputs. Initiatives to redress this have made limited inroads and the industry continues to buy only low value items locally such as food and clothing. This reflects, in large part, the fact that a substantial proportion of the mining industry’s expenditure on investment and operations is on high integrity items that Zambia’s manufacturing industry is unable to supply competitively, but there are other factors at play as well. x Small contribution to job creation, poor quality jobs. Despite the substantial investment that it has attracted, and with output expected to exceed over $5 billion in value, the industry only employs just over 47,000 people. The copper mining industry is not a labor-intensive industry worldwide and, as discussed in Chapter 5, below, Zambia has low labor productivity. As a result, the prospects for creating more jobs are low. There are also concerns over the quality of jobs provided, in particular: the growing use of casual labor, which undermines job security; the reduced level of social provision for workers and their dependents since privatization; and the lack of investment in the skills of the workforce. x Environmental costs are an important consideration. Sedimentation in waterways from the mines creates a significant cost downstream for the water filtration system. Not only is the government not receiving significant tax revenue, but the country is having to pay for environmental costs incurred by mining activities. Concern has also been expressed that there is a lack of value addition to copper in Zambia. The potential for greater copper value-addition and fabrication of copper products in Zambia is analyzed in a separate report prepared under the JPC program.9 The critical issue for all countries dependent on natural resources is taxation. Mining depletes a valuable natural asset and taxing the mining companies is a way to generate savings that can be redeployed to increase the productive capacity of the rest of the economy. Before turning to the effects on the Zambian economy of low taxes raised from copper mining, the following section considers how the tax regime has evolved in Zambia and how the current regime compares with that of Chile. 3.2.2 The Evolving Tax Regime The privatization process was carried out by the government signing separate Development Agreements with each of the new owners. In general, cognizant of the poor state of the industry, caused by years of under-investment under public ownership, and the huge drain of the industry on the exchequer under public ownership, the then government provided generous concessions on tax in these Development Agreements.10 By early 2007, concerns over the low tax take were causing a public outcry over “resource robbery”, the lack of transparency of the Development Agreements, the effect on miners’ pay and conditions under the new ownership, the negative consequences on the communities of the Copperbelt and the environmental impacts of mining (Fraser and Lungu 2006). The Development Agreements allowed the government to negotiate tax regimes individually with investors - often granting them low royalty payments (0.6 percent), low corporate taxes, duty exemptions and generous capital allowances (100 percent write-off in the year incurred) and carry forward of losses. 16 Even when companies were making healthy operating profits, net taxable profits were consistently in negative territory, reflecting the generous capital allowances and carry forward of losses. The tax regime provided little to enable the Treasury to benefit from the growing profitability of the industry (figure 13). Figure 13: Accounting and Net Taxable Profit Zambia 2006–8 Source: World Bank analysis based on data provided by companies These concerns led to the government imposing a new tax regime in 2008 that consisted of a revenue-based windfall tax, higher royalties, increased company tax and a variable profit tax. The industry considered the new regime too draconian: for high cost mines and at high prices, it amounted to a marginal tax rate in excess of 100 percent. Some of these anomalies were removed through administrative measures and, in April 2009, some of the key elements of the new regime were reversed in response to the fall in copper prices. The windfall tax was scrapped. The evolution of the tax regime is set out in Table 1. 17 Table 1: The Evolution of Mining Taxation in Zambia Mines and Minerals Act 1995 Mines and Minerals Development Amendment in early 2009 Act 2008 + announcement on 1 + amendments April 2008 x Royalty on gross value: 0.6% x Royalty on gross value: 3% (↑) x Royalty on gross value: 3% x Corporate income tax: 25% x Corporate income tax: 30% (↑) x Corporate income tax: 30% x Depreciation of capital x Depreciation of capital x Depreciation of capital equipment for tax purposes: equipment for tax purposes: equipment for tax purposes: 100% 25% (↓) 100% (↑) x Withholding taxes: 0%11 x Withholding taxes: 15% on x Withholding taxes: 15% on payment of dividends, interest, payment of dividends, x Customs duty exemptions for royalties, management fees and interest, royalties, capital-equipment imports payments to affiliates (↑) management fees and x Limits on duties payables for x Variable profit tax for profits > payments to affiliates consumables 8% (new) x Variable profit tax for profits > 8% x Windfall tax on the production value when world copper x Hedging income allowed to prices > $5,516/tonne12(new) be part of mining income for tax purposes (new) x Hedging income not allowed to be part of mining income for tax purposes (new) Source: WTO 2009. Under the new regime instituted in 2009, the government should expect to see a substantial increase in the tax take from mining. The new regime comprises a royalty payment of 3 percent, a company tax levied at the 30 percent rate, a withholding tax levied at 15 percent and a variable profits tax at 8 percent, making the stated effective tax rate 47 percent. The new tax regime will coincide with the mines that have been rehabilitated since privatization starting to enter a phase when they are generating strong, positive cash flows before tax. The typical profile of cash flows of mines (figure 14) shows that they should start to generate strong cash flows and start to pay significant levels of taxes 7–9 years after major investment and that is the position that most of the privatized mines will now have reached. 18 Figure 14: Typical Cash Flow of Mines Cash flow 150 100 50 0 Time -50 -100 Before tax cashflow All taxes and fees -150 Source: Illustrative, adapted from Otto n.d. The combination of the new tax regime and the maturation of past investment in mines could lead to a major increase in the revenue from mining taxes. It is likely that, at current prices, if the industry achieved the government target of 1 million tonnes of copper, exports could amount to $6–8 billion. Under the new tax regime, government revenue could amount to between $1.5 billion and $2 billion (Lundstol 2009), representing 25–35 percent of export revenue, which will constitute a huge improvement over the 3–5 percent of export revenue achieved up to 2008.13 There are doubts over whether the government target of 1 million tonnes will be achieved, at least not under current conditions, despite the high levels of investment in the recent past. This is discussed in Chapter 6. There are also concerns that the new regime may not generate as high a tax take as predicted. These concerns are based on the following: x The new tax regime introduced in 2009 was challenged by the mining companies, which argued that the invariability clauses in the original Development Agreements preclude such changes. Some mines seemed prepared to contest the matter in court. However, in late 2010 government reached an agreement with a number of mines, and these mines have already started paying in accordance with the new regime. Negotiations continue with a few remaining mines in order to bring them into the fold of the new regime. The outcome of what could become a legal dispute, to be adjudicated by an arbitrator14 or a court of law, is difficult to predict at this time. However, if the arbitrator or court finds in favor of the mines, the new tax regime may come to apply mainly to new investment, thereby undermining the tax take. x The provision for 100 percent capital allowances in the year incurred will result in taxable revenue remaining low as the industry is investing large sums of money. 19 x The carry forward of losses by some of the major mines that have been unprofitable in the past will undermine the actual tax take. x It appears that the Zambia Revenue Authority (ZRA) has not been able to enforce fully the collection of taxes that were due. Therefore, the expected increase in tax take from the mines under the new tax regime will also depend on the extent that the ZRA increases its capability to enforce the new tax regime. Concerns over the level of tax paid by Zambian copper mines prompt the question of how attractive the new mining tax regime is by international standards. Around the world, mining taxation regimes vary tremendously. Some countries (i.e. Mexico) rely entirely on taxing company profits, imposing no royalties at all, while others combine royalty and company taxes with a tax on dividends or remittances. Notwithstanding these variations, it is reasonable to say that Zambia’s new regime is broadly in line with international practice. The norm for the mining industry is (Otto n.d.): x Income tax: 30 percent x Dividend withholding tax: 15 percent x Royalties (sales value based): 2–4 percent x Import duty on equipment: zero x Export duty on minerals: zero x VAT: negated x Depreciation: accelerated depreciation over 5 years x Depletion tax: zero x Ring fencing: zero x Exploration expenses: amortized over 5 years x Environmental costs: may be expensed x Tax holidays: zero x Loss carry forward: 5 year limit Across the world, the effective tax rate, defined as the total amount paid to government as a percent of the value of pre-tax profits, is usually 40–50 percent. Countries such as Chile (box 2) are at the low end of this range at around 42 percent. The new regime in Zambia, which does not have a windfall tax, would suggest an effective tax rate of 47 percent. This is within the normal range and not dissimilar to neighboring countries such as Tanzania and South Africa. 20 Box 2: The Chilean Tax Regime Chile, the world’s largest copper producer, levies the following: x A flat rate mining tax (royalty) of 4-5 percent, though the tax is calculated on operating income, not net back revenues as in Zambia. x Corporate tax payable at a rate of 17 percent. x An Additional Tax on dividends at a rate of 35 percent for foreign investors. x Losses can be carried forward indefinitely but only after they have more than offset retained earnings. x Depreciation is calculated on a straight line basis. There is a provision for firms to opt for accelerated depreciation over three years but once opted for, the treatment of the asset cannot be changed. x Establishment and start up expenses can be amortized over a period up to 6 years. However, a rate of tax cannot be taken in isolation: investors will accept a higher rate of tax in a country that they consider offers a more conducive, stable environment for investment and vice versa. As set out in Chapter 4, Chile has a number of advantages over Zambia and others as a destination for mining investment, thereby making its lower tax burden even more attractive. There are three main reasons why Chile has an advantage over Zambia in terms of having established a reputation for fair, investor-friendly taxation: x Stability of taxation. The Foreign Investment Statute of 1974 (known as Decree Law 600) provides for a tax invariability clause that guarantees the investor against changes in the tax regulations and the decisions of the Internal Revenue Service for 20 years if the investment exceeds $50 million. This invariability guarantee is credited with the surge in FDI that took place after the law was passed. It influenced the mining companies to negotiate similar tax stability clauses in their Development Agreements with the Zambian government. x Balancing the interests of taxpayers and the exchequer. This is exemplified by the recent decision to increase the mining tax to up to 9 percent to pay for rebuilding after the earthquake. Paying the higher rate is voluntary. Firms paying it are able to extend their original tax invariability clause by 8 years. Hence, the country’s need for revenue has been balanced by a decision to give something back to the industry. x Providing a rule-based system for managing copper revenues. Chile’s copper stabilization fund operates on a rule-based system with inflows and outflows determined by a reference price set by independent experts. The Public Investment Management system subjects all capital projects to a transparent cost-benefit analysis. This has resulted in the country having good infrastructure from which the mines benefit. Such provisions assure the mining companies that the revenues they contribute will be put to good use. 21 Chile’s experience shows that developing an investor-friendly mining tax regime is crucial in reconciling the interests of the tax payer and the exchequer and enabling stability of the tax regime. While the new mining tax regime now prevailing in Zambia is an attempt at ensuring that the country benefits more from copper mining, the process by which it was arrived at did much to undermine investor confidence. The process of first promulgating a tax regime perceived by the industry as draconian and then rescinding it introduced the element of uncertainty that causes investors to factor in higher risk in locating in a country. Chapter 4 shows how that uncertainty has affected Zambia’s rank as a location for mining investment. In addition, the process followed was not transparent and failed to provide an enduring consensus between government and industry on an equitable tax regime. Zambia is poised for a rapid increase in the tax take from mining. However, it still needs to reach consensus with the industry to establish a stable, equitable tax regime. 3.2.3 Undermining Stability and Public Investment Substantial and stable mining taxes are potentially a huge asset for governments in ensuring macro stability and enabling investment in infrastructure and social services. The extent to which governments have actually taken advantage of this potential has varied. Some have chosen to husband their natural resources to ensure that they are conserved to provide a stable source of revenue and have used the income from mining taxes to invest in physical and human capital. Others, however, have failed to take advantage. Box 3 contrasts the experience of Zambia and Botswana, as told by their presidents. Box 3: Tales of Two Presidents “We are in part to blame, but this is the curse of being born with a copper spoon in our mouths.” Kenneth Kaunda, Former President of Zambia “...we intend to conserve our resources wisely and not destroy them. Those of us who happen to live in the 20th century are no more important than our descendants in centuries to come.” Sir QKI Masire, Former President of Botswana Zambia has experienced a number of difficulties: x Counter-cyclical fiscal expenditure. By saving windfalls, reserves can be built up in stabilization funds that can be used to cushion the effect of negative shocks to the economy caused by fluctuations in commodity prices. Most natural resource exporters have now established stabilization funds. In contrast, the lack of tax revenue from mining has prevented Zambia from following suit. The lack of headroom for counter cyclical expenditure was highlighted during the recent global downturn. x Maintaining a stable, competitive exchange rate. Holding savings abroad provides a buffer against sudden increases or decreases in foreign exchange earnings from copper. Currency volatility is a source of risk that reduces investment in other (non-resource) 22 sectors of the economy. The major long-term threat to growth that the resource curse poses is through the appreciation of the currency (Dutch disease) because it makes it difficult to achieve competitiveness in non-resource, tradable sectors of the economy. This too can be managed by “sterilizing” revenues from mining taxes abroad. Botswana proves that it is possible to maintain a stable, competitive exchange rate despite reliance on natural resource exports. However, Zambia has not been able to establish a stable, competitive exchange rate.15 x Investing in public services and infrastructure. Mining revenues can be used by governments to invest in education and health and infrastructure, thus helping to boost the productivity and competitiveness of the private sector in non-resource sectors, countering the effect of Dutch disease and helping to diversify the economy and sustain it over the longer-term. Low mining revenues have prevented the government from making adequate investments in these areas. It is estimated that the country has been dissaving, by exhausting its natural resources without investing sufficiently in building human and physical capital. Zambia’s low tax take from mining in the past has prevented the government from implementing the policies that are needed for macro-economic stability and to contain and redress the effects of the resource curse. In the past, Development Agreements may have been needed to attract investment to revive a declining industry but the Zambian people have paid a high price in terms of foregone public revenues that could have been invested in public services and infrastructure. 3.3 Looking to the Future Since independence, the country has not been able to develop a regime for copper mining that adequately balances the interests of the industry and the development needs of the country. Each of its three attempts has fallen short of this objective: x After independence, the government felt that the mining industry was not contributing sufficiently to development and ended up nationalizing the industry. x In the period of public ownership, the major beneficiaries were the miners and their dependents. The industry was neglected with the result that the government ended up subsidizing the mines. x Since privatization, many of the gains from the revival of copper mining have accrued to the industry, with the exchequer gaining little. The current regime is an attempt to remedy the situation, but there are concerns over its outcome on both sides: 1. Most mines have agreed to a settlement accepting the new tax regime and have started to pay tax under this regime. However, Government revenues may fall short of expectations as a result of capital allowances; carry forward of losses; the inability of the ZRA to adequately enforce the new regime; and some mines insisting that their Development Agreements prevent change to the tax regime. 23 2. The industry is concerned with the stability of the tax regime and the process by which the new regime was arrived at. It also has concerns over the way that royalty payments are calculated. In effect, the royalty payment is based on the LME price that the industry does not receive, as it receives only the LME price minus the transport costs. Industry pays the royalty even when it is not making money. It would prefer a flat payment per tonne which it believes is the right way to tax for resource depletion.16 This argument has some merit, though most countries levy royalty payments on sales revenue. The industry is also concerned that it is disadvantaged by high labor costs, the need to provide social infrastructure, heavy taxes on its inputs, delays in recovering VAT, high transport costs, poor roads, power outages, long delays and cumbersome procedures in clearing customs, and the poor business environment in Zambia generally. Both sets of perceptions have some validity. The key to a more favorable outcome is to find an arrangement that represents a better balance of the interests of government and the industry and is recognized as such by both sides. The favorable prospects for copper worldwide provide a new opportunity for Zambia to put the right conditions in place for the mining industry and ensure that it does contribute to the development of the country. Such an arrangement needs to go beyond taxation alone to also address the conditions under which the mines operate, especially with regard to infrastructure. Crucially, revenues provided by copper are the means to combat the resource curse by ensuring macro stability and transforming the economy. Getting the regime right offers the prospect of a larger, more competitive industry that will generate the resources needed. What is needed to achieve this is dealt with in Chapter 6. 1 Xstrata is a global diversified mining group with headquarters in Zug, Switzerland. 2 The mine consists of two open pits in the Atacama desert in Northern Chile. 3 Brook Hunt is an internationally respected firm specializing in providing forecasting and cost analysis data to the world metal mining industry. 4 The minimum rate of return on a project that an investor is willing to accept before starting a project, given the project’s expected risk and the opportunity cost of foregoing other projects. 5 Survey referred to in Otto, James. n.d. ‘Mining Taxation’. Undated presentation. 6 Real copper price is annual average adjusted by US GDP Deflator (2005=100). 7 According to the official data from the Central Statistical Office, the contribution of mining and quarrying overall is around 8%. However, this is widely accepted to be an underestimate. 8 Although at present the industry’s contribution to government revenue is relatively small, this is expected to increase significantly as tax holidays expire and mines start to pay more tax. 9 World Bank. Forthcoming, 2011. What is the Potential for More Copper Fabrication in Zambia? 10 It is estimated that the mines were losing about $1 million per day, causing government to spend over 4 percent of GDP to keep them operational. This prompted the IMF and the World Bank to urge government to privatize quickly in the interest of restoring macro stability and freeing resources for social investment. 11 Except on construction and technical services supplied by non-residents. 12 The windfall tax rate was designed to vary depending on the price level above the minimum threshold. 13 At the time of writing, a new Mines and Minerals Act is being prepared for Parliament. 14 Some of the Development Agreements contain clauses which require disputes to be settled by arbitrators appointed by the international court of arbitration. They are governed by the laws of Zambia and so, in the event that the matter goes to court, disputes will be adjudged by a Zambian court. 15 The World Bank’s latest (December 2009) Investment Climate Assessment for Zambia noted that currency instability is an important constraint on investment. 16 The most common rate in other countries is 2-4% of the value (tonnes of ore basis). 24 4 HOW ATTRACTIVE IS ZAMBIA FOR COPPER MINING INVESTMENT? Chapter 1 established that appetite for investing in copper mining will remain high but that the mines will continue to be discerning over where they invest. The decision on where to invest is a function of two factors: the geological potential of the country and the environment for investment provided by government policies and social factors. This chapter addresses how attractive Zambia is as a destination for copper mining. It starts by considering the potential for investment in new and old deposits. It then examines how the international mining industry perceives Zambia as a destination and the policies that need to change if Zambia is to improve its standing as a destination for copper mining investment. 4.1 The Geological Potential Copper resources in Zambia form part of the African Copperbelt, which stretches from the DRC across much of Zambia and is one of the great copper resources of the world. Zambia itself contains the largest known reserves of copper in Africa, holding 6 percent of known world copper reserves. The resources available to existing mines in Zambia are estimated at 2.8 billion tonnes of ore ranging between 0.6 percent and 4 percent copper.1 From its traditional base in the Copperbelt, the industry is expanding to other parts of the country where geological surveys suggest a significant opportunity to find viable deposits of copper. As the most significant deposits in the Zambian Copperbelt have been worked in the past, the major opportunities for investment in this area have taken the form of: x Reviving production at existing mines, as CNMC did after acquiring the mines in Luanshya x Investing in deeper mines, as Vedanta is doing with the Konkola Deep Mining Project x Reworking old tailings and slag heaps using the efficiencies of solvent extraction and electro-winning (SXEW), as Chambishi Metals is doing at Chambishi and Nkana and as practiced at Mufulira and Nchanga x Investing in smelting capacity—as several companies have done using concentrate produced in Zambia and the DRC—in order to increase the production of copper cathodes through smelting and to produce sulfuric acid. In recent years, the mining industry has been successfully developing mines in North- Western Province through investment at Lumwana and explorations by the Zhonghui Mining Group of China. For example, Equinox reported that its Lumwana Project, which covers the Malundwe and Chimiwungo deposits, has measured and indicated resources of 342.5 million tonnes of ore grading 0.74 percent copper, plus inferred resources of 563.1 million tonnes at 0.63 percent copper. Exploration is also taking place in other parts of the country, such as Luwishi, Mufapanda and Mumbwa. It is not possible to state with any precision the size of additional resources that are likely to be discovered and what their economic potential is likely to be. For one, it is 25 reported that 40 percent of Zambia has not been explored. This handicaps the Ministry of Mines and Minerals Development in setting appropriate terms and conditions for exploration licenses. Equally, potential investors are missing data they need to make their investments less speculative. That uncertainty is reflected in the price they are willing to pay for a license. Moreover, economic viability is contingent on the price assumptions for copper, the risk premium required by financial investors and the likely cost of mining new deposits. The latter can only be determined after exploration. There is also uncertainty as to the extent to which technological advances will make it cheaper to develop deeper and less copper-rich deposits. Box 4 shows the basic phases of mining investment. Box 4: The Phases of Mining Investment Mining embraces a number of distinct processes or phases, each one having a cost and a risk associated with it. Completion of any phase does not necessarily mean the next one follows. The economics of supply and demand, cost and tax structure, environmental issues as well as the skill and financial resources of the mining company all have a part to play to achieve a successful outcome. 1. Exploration phase 2. Evaluation phase 3. Feasibility study and mine design phase 4. Construction and commissioning 5. Operation 6. Closure The outlay for each phase varies enormously and is a function of commodity, location and size in addition to the previous features mentioned. Hartman estimated that exploration costs could be five to six percent of the cost to build a mine and that this cost could be two to five times the yearly operating costs (Hartman 1987). Payback varies from three to ten years (figure 14 above). Nevertheless, Zambia’s geological potential is recognized by the international mining industry. This is reflected in international surveys of the mining industry by respected organizations. Since 1997, the Fraser Institute2 has conducted an annual survey of metal mining and exploration companies in order to assess how mineral endowments and public policy factors, such as taxation and regulation, affect new exploration investment. Survey results represent the opinions of executives and exploration managers in mining and mining consulting companies operating around the world. The survey includes data on 79 jurisdictions, including sub-national jurisdictions in Canada, Australia, and the United States. More than two thirds of these jurisdictions produce copper. According to the Fraser Institute’s 2010/11 survey (McMahon and Cervantes 2011) assuming that the policies are uniformly set at best practice across all countries, metal mining and 26 exploration companies rank the mineral potential of Zambia 26th out of 79 jurisdictions (figure 15). Of the 13 African countries covered, only DRC (0.90) and Burkina Faso (0.81) have appreciably higher mineral potential index scores than Zambia’s (0.78). Many of the jurisdictions that ranked higher are, in fact, individual states of the United States, Canada and Australia. Figure 15: Fraser Institute Policy/Mineral Potential Rankings 2010/113 ,., ..... 0.-...., _ _ ,~ Source: McMahon and Cervantes 2011:18 27 Given the likelihood of prices remaining high, the substantial known resources identified already and the fact that new, economically viable deposits have recently been found, it can reasonably be assumed that Zambia should continue to be a substantial producer of copper up to the middle decades of the twenty-first century at least. Indeed, there is potential for Zambia to exceed the government’s target and increase production to beyond 1 million tonnes if the investment climate can be improved and the industry made more competitive. Known resources are sizable and new exploration is taking place, providing significant opportunities for investment. Enabling the Ministry of Mines and Minerals Development to improve the quality of geological information would be useful in attracting new investment in exploration and ensuring that Zambia gets value for money from exploration licenses. 4.2 How Do Investors Rate Zambia as an Environment for Mining? Recent exploration activity and mining investment has proved the appetite of investors to invest in Zambia’s copper mining industry. With current high prices and a shortfall likely to develop in the supply of copper worldwide, there is no doubt that the large copper resources of the African Copperbelt are attractive to investors. If the opportunity is attractive enough it is likely to outweigh the risks posed by the environment, as proved by recent investment in copper mines in the DRC. Despite ongoing conflict, the DRC has been able to attract large-scale investment, for example, the recent $2 billion investment by McMoRan in the Tenke Fungurume mine near the Zambian border.4 This is a result of its geological potential. However, there are two reasons why it is important to assess how investors perceive the environment Zambia provides for mining investment: x Investors have a choice as to where to invest. If the commercial opportunity is the same, they will always prefer a destination that they perceive as less risky and more conducive for business. x As a result of perceiving the environment to be less attractive, they are likely to wring concessions out of the government with respect to taxation, subsidies or terms of the lease. Conversely, a country such as Chile, which is considered to be a favorable environment for mining investment, will be able to levy a comparatively high rate of taxation and offer fewer subsidies. The assessment of what is perceived by a mining company as a good place to invest is somewhat subjective and, in an attempt to put this on a rational and comparative basis, reference is made to two independent sources of information, Behre Dolbear and the Fraser Institute. 4.2.1 Behre Dolbear The Behre Dolbear Group of companies is a well-established minerals industry consultancy that for over 10 years has published a ranking of countries based on their attractiveness for mining investment. The rankings are based on opinions gathered from professionals and research from various public and confidential sources. The ranking is qualitative, not 28 quantitative, and is based on responses to the question, “where would you not want to invest?” The survey uses seven criteria to rank twenty-five countries (twenty of which are copper producers) that are host to major exploration, and/or mining operations: x The country’s economic system x The country’s political system x The degree of social issues affecting mining in the country x Delays in receiving permits due to bureaucratic and other delays x The degree of corruption prevalent in the country x The stability of the country’s currency x The country’s tax regime. Each category under consideration is rated from 1 to 10, with the highest ranking being 10. Accordingly, the maximum score attainable for a country is 70 points. Figure 16 summarizes the 2011 ranking. Zambia is found bordering the lowest quartile, ranked 19th out of 25. Figure 16: Behre Dolbear Country Ranking, 2011 Economic Political Permitting Currency 2011 Total 2011 Rank Country System System Social Issues Delays Corruption Stability Tax Regime Points 1 Australia 9 8 8 8 10 9 5 57 2 Canada 9 9 4 4 10 9 7 52 3 Chile 9 9 7 6 8 8 4 51 4 Brazil 7 8 5 5 5 9 6 45 5 Mexico 8 8 2 7 6 6 7 44 6 United States 8 9 3 1 10 7 3 41 7 Colombia 6 7 6 6 5 5 4 39 8 TIE Botswana 6 5 5 5 5 5 6 37 8 TIE Peru 6 6 4 4 5 7 5 37 10 TIE Ghana 6 5 2 6 3 6 6 34 10 TIE Mongolia 6 6 5 5 2 6 4 34 12 Tanzania 5 5 3 7 3 4 5 32 13 TIE China 6 1 3 5 3 8 5 31 13 TIE Namibia 4 5 3 5 3 5 6 31 15 TIE Argentina 5 3 4 6 4 4 4 30 15 TIE India 6 6 2 3 3 6 4 30 17 Philippines 5 5 3 5 2 4 4 28 18 Indonesia 5 6 4 3 2 3 4 27 19 TIE Zambia 5 4 3 5 2 2 3 24 19 TIE South Africa 3 4 2 5 2 6 2 24 21 TIE Kazakhstan 3 3 4 3 1 4 4 22 21 TIE Papua New Guinea 4 4 1 2 2 4 5 22 23 D.R. Congo 3 3 3 3 2 1 4 19 24 Bolivia 2 1 1 4 3 3 3 17 25 Russia 1 1 3 3 1 2 5 16 Source: Behre Dolbear 2011 Zambia scored poorly on corruption (2), currency stability (2), social issues (3), tax regime (3) and political system (4) and average on the other two aspects. 29 4.2.2 Fraser Institute The Fraser Institute’s Policy Potential Index (PPI), derived from its survey of metal mining and exploration companies, is intended to serve as a report card for governments on how attractive their policies are from the point of view of an exploration manager. This differs from the Behre Dolbear ranking in that Behre Dolbear takes the view of someone currently investing in the country. The PPI is a composite index that measures the effects on exploration of government policies including uncertainty concerning the administration, interpretation, and enforcement of existing regulations; environmental regulations; regulatory duplication and inconsistencies; taxation; uncertainty concerning native land claims and protected areas; infrastructure; socioeconomic agreements; political stability; labor issues; geological database; and security. The PPI measures the overall policy attractiveness of the 79 countries and sub-national jurisdictions in the survey. It is normalized to a maximum score of 100. That means that a jurisdiction that ranked first under the “Encourages Investment” response in every policy area would have a score of 100; one that scored last in every category would have a score of 0. Figure 17 shows the summary of the results from the 2010/11 survey published in March 2011, in which Zambia was ranked 57th out of 79 jurisdictions. Table 2 shows how Zambia’s ranking has changed over time. Zambia has consistently been ranked in the bottom half of jurisdictions. Table 2: Fraser Institute Policy Potential Index, 2004/05-2010/11 Zambia’s rank Jurisdictions included 2010/11 57 79 2009/10 52 72 2008/09 44 71 2007/08 34 68 2006/07 50 65 2005/06 57 64 2004/05 46 64 Source: McMahon and Cervantes 2009, 2011; McMahon and Melhem 2007 In the 2010/11 survey, no individual factor emerged as a particularly adverse issue in Zambia. Most got a rating of “not a deterrent to investment” or “mild deterrent. It could be said that Zambia’s Fraser Institute ranking of “lower than average” was a scorecard saying it “could do better”. 30 Figure 17: Fraser Institute Policy Potential Index, 2010/11 Alberta Nevada Saskatchewan Quebec F.,Ianct lIIah Sweden Chile Manimba ~=';l Greenland NRd. & LaIndc:Jf Botswana Yuiu>o k"eland Western Austraia Onlario Now Scocia ew Saud'! \Vales Alaska Nawav New Bru'lM'id &nina Faso Arizona NewZeatand Northern Territory Tasmar-.a Mol; Namitia Victona B~ New Mexic:o Mexico Queen~ K,...,."..n COlOma. South Dakool /Jidligan N~'liiiiiiiiiiiiiiii NLNYU1 M;nneso!a C_