This article highlights some of the key legal issues commonly associated with the exploration and extraction of mineral resources in Mongolia. These issues form part of any due diligence exercise conducted by an investor proposing to acquire mining assets or an interest in a mining project.

This article looks at mining investment, the legal system applicable to mining, various mining laws, mineral ownership in, different types of mining tenements available, rights of miners to access land against landowners' rights, imposition of royalties and other taxes by the various levels of government, and rules and restrictions concerning foreign investment in Mongolia.

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Overview

1. What are the recent developments in the exploration and extraction of mineral resources in your jurisdiction?

The mining sector is one of the key drivers of export revenue for Mongolia and is often referred to as the "engine of the economy". With an abundance of mineral resources and largely unexplored territory, Mongolia is potentially an attractive destination for foreign investors interested in exploration and mine development. The country has significant reserves of coal, copper, gold, silver, iron ore, tungsten, uranium and rare earth metals.

Given the importance of the minerals sector, Mongolia has been making on-going efforts to modify its legal environment and to align it more closely with global standards. In November 2017, the Mongolian Parliament amended certain articles of the Minerals Law, enacted on 8 July 2006 (Minerals Law). The amendments changed the mechanism for obtaining new exploration licences, moving to an open tendering system. The amendments also modified the procedures involved in applying for and granting a licence.

On 9 and 10 November 2017, Parliament enacted several laws impacting on the tax treatment for the transfer of mineral licences and land rights. Under the amendments to the Minerals Law, a party transferring its mineral licence must submit information regarding the price and other related information to the Mineral Resources and Petroleum Authority (MRPAM). The former Law of Mongolia on Corporate Income Tax, enacted on 16 June 2006 (2006 CIT Law) was amended to include the “beneficial holder” term which was later changed to “beneficial owner” in 2018 (as defined under the Law of Mongolia on Combatting against Money Laundering and Terrorism Financing dated 31 May 2013).

On 22 March 2019, Parliament revised the taxation laws including the General Taxation Law (GTL) and Corporate Income Tax Law (CIT Law), each of which became effective from 1 January 2020. The definition of beneficial holder has been separately introduced in the GTL as a person (that is, an individual, legal entity or organisation) that:

Holds more than 30% of the shares or participation rights, or exercises more than 30% of the voting rights.

Is entitled to receive dividends from a legal entity holding exploration or mining licenses for minerals, petroleum, radioactive minerals, or land possession and use rights (either directly itself or indirectly through one or more levels of an ownership chain).

Transactions involving a full or partial disposal of shares, voting and participation rights by a beneficial holder (whether onshore or offshore) in a Mongolian legal entity holding exploration or mining licences for minerals, radioactive minerals and petroleum, and land possession and use rights is considered as a "sale of rights" and is subject to income tax at the rate of 10% of the value of the mineral licence in lieu of the previous 30% rate. The income earned by the beneficial holder from its sale of shares is deemed to be taxable income of the Mongolian legal entity from sale of rights, rather than withholding tax (unlike under the 2006 CIT Law).

The sale of shares by non-beneficial holders is subject to a 10% income tax based on the value of the sale price of the shares. Any tax evasion, misreporting of income from the sale of rights, failure to provide documents to be used for valuation or failure to notify changes of beneficial owner can provide grounds for the authorities to terminate the mineral licence.

On 26 March 2019, Parliament enacted an amendment to increase the minimum royalty payment for gold from 2.5% to 5% of the sales value (see Question 11).

On 30 October 2019, the Constitutional Court of Mongolia (Constitutional Court) made a final ruling on Article 47 of the Minerals Law relating to a concern around a double-charging of royalty payments. On 22 November 2019, the Parliament re-amended Article 47 of the Minerals Law (Latest Amendment) to eliminate the conflicting wording in the 2019 March Amendment in relation to potential double-charging of royalties, first from the mining licence holders, and then from entities that do not hold mining licences but purchase minerals from the mining license holders and resell to third parties directly or upon processing. The Latest Amendment entered into force on 25 November 2019. The rates of, and procedures applied to, royalty payments have not been affected by the Latest Amendment.

Please see the full article on the link https://uk.practicallaw.thomsonreuters.com/w-017-7372?__lrTS=20201019112148965&transitionType=Default&contextData=(sc.Default)&firstPage=true

As the world of medical science progressed, infant mortality has nearly gone extinct in the developed world. In the meanwhile, children in developing countries do not grow up in properly sanitized environments. In rural Mongolia, toddlers sit and crawl on grass and dirt outside their ger dwellings, playing house with the unique shaped stones that they have collected from river banks. This somewhat carefree method of raising children is criticized by the urban households and modern science.

In the meanwhile, children in high income urban areas grow up in squeaky clean polished households that are heavily sanitized. Quotes that encourage such behaviour have become an everyday sighting in public service announcements, cartoons for toddlers, and in advertising of cleaning products. Another popular saying goes “One who maintains cleanliness keeps away diseases.” Evidently, cleanliness did cause the decline of bacterial infestations and other diseases that enter the immune system.

Too much cleanliness, and ultra-sanitation however, are causing a lack of exposure to allergens, bacteria, and viruses in the developed world. Thus, normal development of the immune system is disrupted in children of young age. “A child’s immune system needs education, just like any other organ of the human body,” says Erika von Mutius, a pediatric allergist at the University of Munich. An introduction of sorts to microbes and bacteria to children at a young age educates the immune system. Without this essential development, the immune system becomes likely to attack the wrong target- itself. This in return becomes a cause for autoimmune diseases.

Though there is active debate among scientists, studies show that allergy and asthma are more likely to occur in children in wealthier households. Infants growing up with exposure to certain levels of bacteria are less likely to develop wheezing, and asthma by the age of three. This would mean that to some extent the Mongolian nomadic children playing with dirt are healthier than their counterparts in overly sanitized households.

Similar results are present in mice as well. Rodents that were raised in a controlled sterile environment were prone to cultivate colitis, and asthma among other autoimmune diseases. The chemical called triclosan is used in antibacterial soap and it causes allergies and hay fever. Another interesting controlled study is that infants born to mothers who were given drugs to treat parasitic worm infections during pregnancy resulted in higher rates of eczema and asthma in the child.

Such a study is yet to be conducted in Mongolia’s case. However, experts, and researchers have been observing this for the past few decades. In the 1980’s British epidemiologist David Strachan studied childhood allergies in East and West Germany. Children from less wealthy and more polluted cities of East Germany had exponentially low rates of hay fever, asthma as opposed to the richer cities of West Germany.

Strachan also found that the prevalence of such auto-immune diseases were lower in children that went to daycares as they would be exchanging healthy bacteria with other children. Additionally, children who grew up with more siblings also had lower chances of developing diseases of the same sort due to the same reason.

Feasibility of such a study would be difficult to evaluate for Mongolia’s case. The prevalence of childhood asthma in Ulaanbaatar is high even when compared to Asia-Pacific countries according to ISAAC. As a result of the severe air-pollution levels and the draft-free infrastructures of apartments in Ulaanbaatar, there are obstacles to accurately accumulating the results. In retrospect, kids in rural Mongolia growing up around livestock have lower rates of allergies and asthma.

What does this mean for us?

By no means does this mean that people should stop cleaning their homes or washing themselves. For the majority of the studies, it was found that bacterial exposure is helpful during childhood, not in adulthood. Due to the coronavirus outbreak, the headlines are buzzing about the worldwide shortage of sanitizers, especially now that it has been proven that the virus can stay on hard surfaces for days.

Depending on how the virus is managed, the usage of antibacterials among households will be set. At this point, even if the hygiene hypothesis is true, parents would rather risk their children developing allergies and auto-immune diseases as opposed to the slightest chance of them getting the coronavirus. It is the lesser of two evil

The ‘Cashmere, Wool and Leather Products-2020’ Expo opened at Misheel Expo on 18 October. Mongolia’s top producers; such as ‘Gobi’, ‘Goyo’, ‘Goyol’, ‘Khanbogd Cashmere’, and ‘Darkhan Nekhii’, as well as over 120 factories specialising in wool, cashmere, and leather processing are all participating in the event.

Erdenet Carpet is one of the leading manufacturers in Mongolia, specialising in the production of rugs and carpets with a wool content of 80-100%. Goods from this important factory are shipped to more than 20 countries around the world. There are representative offices in Russia and China.

GOBI Mongolian Cashmere Corporation has been producing premium cashmere products for 40 years. The brand exports products all over the world and has won a leading position among firms specializing in the manufacture of cashmere clothing. GOBI has a special certificate of the International Organization for Standardisation, demonstrating that the products meet the highest world quality standards. About 80% of products exported, and 20% sold in the local market.

Also represented are leading Mongolian leather brands: Luter is a company famous for its excellent quality and design of its products. The soles of Luter’s boots are made of bovine leather, camel hair, and porous rubber with water-repellent impregnation. Their frost resistance is confirmed by the temperature regime of boots of right down to 45 degrees below zero. Mongolian boots are good for healthy feet. Natural fur and skin have a massage function, helping to prevent orthopedic diseases.

The first leather products under the Bagaa brand appeared in 2014. The company produces men’s and women’s bags, purses, belts. Most of the brand’s products combine a laconic classical form and traditional Mongolian decor — embossing.

China's economy continues its recovery from the Covid-19 pandemic according to its latest official figures.

The world's second-biggest economy saw growth of 4.9% between July and September, compared to the same quarter last year.

However, the figure is lower than the 5.2% expected by economists.

China is now leading the charge for a global recovery based on its latest gross domestic product (GDP) data.

The near-5% growth is a far cry from the slump the Chinese economy suffered at the start of 2020 when the pandemic first emerged.

For the first three months of this year China’s economy shrank by 6.8% when it saw nationwide shutdowns of factories and manufacturing plants.

It was the first time China’s economy contracted since it started recording quarterly figures back in 1992.

The key economic growth figures released on Monday suggest that China’s recovery is gathering pace, although experts often question the accuracy of its economic data.

The quarterly figures are compared to the same quarter of 2019.

"I don't think the headline number is bad," said Iris Pang, chief China economist for ING in Hong Kong. "Job creation in China is quite stable which creates more consumption."

China’s trade figures for September also pointed to a strong recovery, with exports growing by 9.9% and imports growing by 13.2% compared to September last year.

Over the previous two decades, China had seen an average economic growth rate of about 9% although the pace has gradually been slowing.

While the Covid-19 pandemic has hampered this year's growth targets, China also remains in a trade war with the US which has hurt the economy.

Analysis by Robin Brant, BBC China correspondent

China's economy continues to grow at rates unimaginable in other Covid-hit countries.

Draconian lockdown measures to control the virus combined with some government stimulus appeared to have worked well.

While growth of 4.9% is slightly below some forecasts, industrial output - a good barometer of state controlled activity - came in above expectations.

China's communist party rulers wanted to see ramped up supply, but retail sales were slower than predicted.

Nonetheless it appears to be a broadening recovery with the all-important services sector rebounding.

Domestic tourists and travellers have probably helped the recovery continue by spending their money at home because global restrictions mean they can't - yet - go abroad.

Earlier this year China's central bank stepped up support for growth and employment after widespread travel restrictions choked economic activity. But it has more recently held off on further easing.

Premier Li Keqiang warned earlier in October that China needs to make arduous efforts to achieve its full-year economic goals.

For the second quarter of this year, economic growth in China reached 3.2% as it started its rebound.

"China's economy remains on the recovery path, driven by a rebound in exports," said Yoshikiyo Shimamine, chief economist at the Dai-Ichi Life Research Institute in Tokyo.

"But we cannot say it has completely shaken off the drag caused by the coronavirus."

China's economy should also get a boost this year from "Golden Week" - an annual holiday in October that sees millions of Chinese travel.

With international travel severely restricted, millions of Chinese have been travelling, and spending, domestically instead.

There were 637m trips in China over the eight-day holiday which generated revenue of 466.6bn RMB ($69.6bn, £53.8bn), according to data from its Ministry of Culture and Tourism.

Duty-free sales in the tropical island province of Hainan more than doubled from last year, soaring by nearly 150% according to the local customs data.

Ulaanbaatar/MONTSAME/. On October 16, Chief of the Cabinet Secretariat of the Government L. Oyun-Erdene received UN Resident Coordinator Tapan Mishra, together with representatives of UN organizations.

Emphasizing the efficient COVID-19 response of the Mongolian government, Mr. Tapan Mishra noted the UN's continued support and cooperation in this regard.

At the meeting, the sides exchanged information on implementation of the projects and programs in Mongolia in the field of economic recovery and other areas, the process of UN reform, as well as documents such as ‘Sustainable Development Goals-2030’ and ‘The UN Development Assistance Framework 2017-2021 for Mongolia’ and discussed possibilities of cooperating with the Cabinet Secretariat in the near future.

Mr. Tapan Mishra also expressed gratitude to Mr. Oyun-Erdene on the Government’s great efforts to have the ‘Vision 2050’ policy document approved by the Parliament, attaching great importance to the long-term planning of Mongolia’s development.

L. Oyun-Erdene said that the Cabinet Secretariat is willing to work more closely with the UN Office and other specialized agencies in two fields: the technical transition of E-Mongolia platform to digitize public services, as well as the capacity building of the civil service.

The sides concurred to work together to establish a multi-stakeholder partnerships platform, with a purpose to comprehensively resolve the financing required to ensure implementation of the Sustainable Development Goals at the national level.

Countries are organizing discussions and meetings in honor of the 75th anniversary of the founding of the United Nations that falls this year. Within this framework, a total of 12 meetings have been organized in Mongolia, noted Mr. Tapan Mishra.

Mr. Oyun-Erdene expressed all-round support of the Cabinet Secretariat as the country will mark its 60th anniversary of joining the United Nations next year.

According to a statement issued on Sunday by the Mongolian National Center for Communicable Disease (NCCD), the overall tally of patients who have tested positive for the novel coronavirus across the state has risen to 324, after four more cases were reported during the last 24-hour period.

At a regular news briefing, the NCCD's head Dulmaa Nyamkhuu revealed "The newly-confirmed cases are returnees from abroad who were under quarantine in the country's capital Ulan Bator."

The official declared that Five of the remaining 12 patients being treated at the National Center for Communicable Diseases are in serious condition.

The center"s statement further included that a number of 312 patients have so far won the battle against the brutal coronavirus infection and been accordingly discharged from hospitals, adding that all the confirmed cases in the East Asian nation are imported from the overseas, mostly from Russia.

With most of the world facing a deep recession due to the coronavirus pandemic, China will be the only major economy to climb back from the depths of the historic crisis in 2020, according to the International Monetary Fund (IMF).

Despite the reopening of economies, global growth is projected to contract by 4.4 percent, the IMF said in its latest World Economic Outlook (WEO) report published earlier this week. While the outlook signals an upward revision of 0.8 percent compared to the body’s previous forecast, this year still marks the worst crisis since the Great Depression of the 1930s.

“This upgrade owes to somewhat less dire outcomes in the second quarter, as well as signs of a stronger recovery in the third quarter, offset partly by downgrades in some emerging and developing economies,” the report reads.

Most countries are not expected to rebound before next year, when global output is set to grow by 5.2 percent. This is a downward revision of 0.2 percent compared to the IMF’s June projection.

China is set to be the only exception in this gloomy forecast because it can avoid recession and even expand its economy, though not as much as during previous years. The IMF anticipates that China’s gross domestic product (GDP) will jump 1.9 percent in 2020, while other emerging and advanced economies are set to plunge 5.7 percent and 5.8 percent, respectively.

“Except for China, where output is expected to exceed 2019 levels this year, output in both advanced economies and emerging market and developing economies is projected to remain below 2019 levels even next year,” the report, compiled by IMF Chief Economist Gita Gopinath, said.

China was the first country to face the Covid-19 outbreak and was also the first to contain the spread of the virus domestically, while the number of infections continues to rise across the globe.

China’s faster-than-expected recovery is also based on strong demand for medical equipment and electronics needed to work from home, Gopinath noted. This eventually boosted the country’s exports, which have been on the rise for several consecutive months.

The IMF economist told Xihuia that China’s performance can have a positive impact on other countries, especially its neighbors. However, the global economy’s “long ascent back to pre-pandemic levels of activity remains prone to setbacks,” the body warned in its recent outlook.

“The virus is resurging with localized lockdowns being re-instituted. If this worsens and prospects for treatments and vaccines deteriorate, the toll on economic activity would be severe, and likely amplified by severe financial market turmoil,” Gopinath wrote, adding that restrictions on trade and rising geopolitical uncertainty could further harm the recovery.

SYDNEY (Reuters) - Asian markets started higher on Monday, buoyed by hopes of a U.S fiscal package before the U.S. presidential elections next month and expectations of a coronavirus vaccine by the end of this year, though the mood was still cautious as infections jump.

The index has risen in eight of the last 10 sessions amid a rally in risk assets buoyed by hopes of a coronavirus vaccine and expectations of a so called “blue wave”, which would see the Democrats claim victory in November’s elections.

Boosting overall sentiment, drugmaker Pfizer Inc PFE.N said on Friday it could have a coronavirus vaccine ready in the United States by the end of this year.

Japan's Nikkei .N225 climbed about 1% while South Korea's KOSPI and Australian shares .AXJO were up 0.7% each.

New Zealand .NZ50 was a tad lower after Prime Minister Jacinda Ardern won a second term at elections over the weekend, having risen over the week in anticipation of such a result.

E-Mini futures for the S&P 500 ESc1 jumped 0.5% in early Asian trading after House Speaker Nancy Pelosi said on Sunday she was optimistic legislation on a wide-ranging coronavirus relief package could be pushed through before the election.

But with her negotiating partner, Treasury Secretary Steven Mnuchin, in the Middle East until Tuesday, such a timeframe would seem to be overly optimistic, analysts said.

Investors are also concerned about rising coronavirus cases to help curb the spread of the disease.

Global coronavirus cases rose by more than 400,000 for the first time late on Friday, a record one-day increase as much of Europe enacts new restrictions to curb the outbreak.

Investors now await China’s third-quarter gross domestic product (GDP), monthly production and retail sales due later in the Asia morning.

“Chinese growth has bounced back well from its early COVID-19 losses and this data will be key to identify how the economy has progressed,” said Steven Dooley, chief strategist at Western Union Business Solutions.

Later in the week, key events include minutes of Australia’s central bank meeting, the final U.S. presidential debate and global manufacturing indicators.

Action in currencies was muted with the U.S. dollar, usually perceived as a safe-haven asset, =USD flat at 93.696 against a basket of six major currencies. [USD/]

The euro EUR= was also unchanged at $1.1715.

Sterling traded near two-week lows at $1.2925 after UK Prime Minister Boris Johnson told businesses to get ready for a no-deal Brexit in case negotiations with the European Union fail to produce a free trade agreement.

“EU-UK trade talks are flirting with collapse,” ANZ economists said.

“UK Prime Minister Johnson said the UK needs to prepare for a no-deal outcome, as both sides cannot agree on a Canada-style FTA. Talks resume in London on Monday, but without the political willingness to shift ground, there is little the negotiators can achieve.”

In commodities, Brent crude futures LCOc1 added 5 cents to $42.98 a barrel, and U.S. West Texas Intermediate (WTI) crude futures CLC1 climbed 5 cents to $40.9 a barrel.

Spot gold XAU= was a shade firmer at $1,899.9 an ounce.

Editing by Sam Holmes

According to statistic office, Mongolia has employed 4400 thousand foreign workers from 92 foreign countries with labor contract in the third quarter of 2020. Compared with the same time of the 2019, the number of countries decreased by nine and the number of foreign workers decreased by 6000 thousand persons (57.7%).

Most foreign workers who employed in Mongolia were from China following 6.6 percent from Russian Federation, 5.9 percent from Australia, 4.6 percent from South Korea, 4.2 percent from Vietnam, 4.0 percent from United States, 3.4percent from South Africa, 2.9 percent from Philippines, 2.4percent from Great Britain, 1.7 percent from Japan and remaining 17.3 percent from other countries.

Some 1.7 thousand foreign workers are working in mining and quarrying sector, 709 workers in wholesale and retail trade, repair of motor vehicles and motorcycles, 614 foreign workers in education sector, 472 workers in construction sector, 294 workers in manufacturing sector, 217 workers in transportation and storage, 126 in administrative and support service activities, and 0.2 thousand foreign workers in other sectors.