Model Mining Development Agreement

The MMDA was prepared based on a detailed analysis of several dozen existing mining development agreements and following an extensive consultation process with stakeholders and experts in mining law and policy in many countries. Third, a more detailed statement and the fourth is a brief report on the limited search for widely accepted or „model“ oil and gas agreements. The MMDA is a model of negotiation between the national government of the host country and the mining company. Some articles of mmDA 1.0 refer to community agreements, but mmDA 1.0 itself is not a community development agreement. These are two different instruments that sometimes have to be used together. Many of the concerns expressed about the clarity, quality and balance of mining agreements are ultimately concerns about the imbalance of resources and capabilities of the parties negotiating the agreements. To some extent, the comments also suggest that negotiating effective mining development agreements is a very complex task that requires the multidisciplinary help of accountants, tax specialists, mining lawyers, geologists and perhaps others. Some developing countries find it difficult to set up such negotiating teams and there is a perception that they are therefore at a disadvantage in negotiations, regardless of the content of the clauses, forms or models proposed. This report was prepared by IISD in collaboration with the Sustainable Development Strategies Group (SRHR). It consists of a detailed analysis of the Model Mining Development Agreement (MMDA 1.0) of the Mining Law Committee of the International Bar Association. Please click on the link to download a copy of the text in MSWord format. This report consists of four documents. The first is this summary and the table of contents. The second is a „template“ that defines each of the mmda`s sections or headings with a brief description of its topic and the issues it is supposed to address. For more information about the MMDA project, see :. . .

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