Amended Myanmar Mines Law: Streamlined Framework for Foreign Investment

International mining update - 11 March 2016

Summary

For many people, the Asia mining sector has had a certain appeal especially in relation to Myanmar (previously Burma) as it develops and implements regulations and looks for foreign investment.  Most recently, the Myanmar Parliament passed amendments to the Myanmar Mines Law and TerraLex member firm, Kelvin Chia Yangon Ltd, has outlined the legislative amendments in an eBulletin. These amendments introduce a streamlined framework for foreign investment in a bid to attract international mining companies and associated companies who are seeking to establish a presence in the country. The regulations are expected to be published by the Ministry of Mines by end of March 2016.

 

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Background

The Myanmar Parliament recently passed amendments to the Myanmar Mines Law. The amendments introduce a streamlined framework for foreign investment in a bid to attract international mining firms to participate in Myanmar's mining industry. TerraLex member firm Kelvin Chia Yangon Ltd outlines the legislative amendments in this eBulletin.

On 24 December 2015, the Myanmar Parliament passed amendments to the Myanmar Mines Law promulgated in 1994. Although the corresponding regulations are yet to be finalised by the Ministry of Mines, it is widely expected that the new mining licensing framework resulting will bring an improved platform for foreign investors with greater transparency and efficiency compared to the existing regime.

 

Change in mining law

The recent legislative amendments have been summarised in the following article published by Kelvin Chia Yangon Ltd, the Myanmar member of the TerraLex network. TerraLex is a leading global network of law firms of which Lander & Rogers is the exclusive member for Australia.

Click here for the eBulletin from Kelvin Chia Yangon Ltd.

 

Comment

Myanmar has a diverse and abundant portfolio of geological resources including metals, ores and industrial minerals such as copper, tin, tungsten, nickel and gold. In addition, its central location between China, India and the rest of the south-east Asian nations increases its potential to attract large scale foreign participation in its mining industry. Yet, these resources are largely untapped. This is partially due to the strict procedures applied to foreign companies wishing to conduct mining exploration or production in Myanmar, the fragmentation of the existing licensing regime for the different stages of the mining process, and the restrictions placed on ownership structures of foreign-invested mining entities.

The legislative amendments together with the regulations are expected to improve Myanmar's attractiveness to international mining companies, producers of mining equipment and providers of relevant services such as environmental technology and vocational training who are seeking to establish a presence in the country. The regulations are expected to be published by the Ministry of Mines by end of March 2016.

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Further information

If you would like further information on this topic or for us to facilitate an introduction with our contacts at Kelvin Chia Yangon Ltd, please speak with Deanna Constable or Alex Ding. 

All information on this site is of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific legal professional advice. No responsibility for the loss occasioned to any person acting on or refraining from action as a result of any material published can be accepted.

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