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Part B: Mineral Rights - Part B-6: Beneficiation - Processing, Trade & Transport - 35. Beneficiation – Processing, Trade and Transport - 35.3 Eligibility for Licence | 35.3(c) Eligibility for Licence as Authorised Transporter

Licensing in this area may already be contemplated by existing general business regulating laws and authorities in the jurisdiction. In that case, these provisions should guide and, if necessary, amend the existing business regulating laws, mindful that these activities may be subject to other laws (e.g., environmental and road safety laws) as well.

Eligibility for licensing to engage in transport of development minerals should be limited to individuals or entities organized under the law of the jurisdiction who are registered to do business in the jurisdiction. If an entity, its authorised powers and business registration should include engaging in minerals transportation. Any national ownership requirements should be specified. It is generally advisable to require that eligible companies only be involved in the minerals transportation business and related activities, including processing and trade, in order to avoid abuse of any import or other fiscal privileges and to avoid offsetting profits in one line of business with losses in another unrelated line.

35.3(c) Example:

Article [_]

(1) Individuals of at least 18 years of age who are nationals of [the licensing jurisdiction], duly registered and authorised to do business as mineral transporters in [the jurisdiction] shall be eligible to be licenced as an Authorised Transporter of development minerals.

(2) Entities shall be eligible to be licenced as an Authorised Transporter, provided that they meet the following requirements:

(a) they are organized under the laws of [the jurisdiction],

(b) they have the power under their charter document to engage in transport of development minerals,

(c) 100% of the ownership shares of the entity are ultimately held and controlled by nationals (i.e., citizens of the licensing jurisdiction),

(d) they are registered and authorised to do business as mineral transporters in [the jurisdiction], and

(e) they are only authorised to engage in transportation of development minerals and associated activities as defined in the regulations.

(3) Persons or entities not eligible for licensing as an Authorised Transporter includes:

(a) persons who are bankrupt or subject to bankruptcy, receivership or reorganization/liquidation proceedings;

(b) persons whose licence under any of the activities provided for in this [Act][Code][Law] has been revoked within the past [_] years.

(c) persons who have been found guilty of fraud, money laundering or corrupt activities.

(d) persons engaged in activities other than processing, trade and transport of development minerals and associated activities.

(e) any staff member of the [provincial/state] regulating entity under this [Act][Code][Law].

Annotation

In this example, only individuals who are nationals of the licensing jurisdiction are eligible to apply for the development minerals transporter licence. Residence in the jurisdiction is not a requirement, because it is presumed that any individual national applicant will be a resident. Eligibility is reserved for nationals because transportation of development minerals is not a subsector that requires foreign capital or expertise.

For entities, this example requires that the ownership be 100% national.

In other respects, the eligibility and ineligibility provisions in this example are the same as for the trading licence.