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Legal Trends: Hard Laws and Soft Laws Bob Bassett Partner – Holland & Hart LLP

Legal Trends: Hard Laws and Soft Laws Bob Bassett Partner – Holland & Hart LLP. Hard Laws and Soft Laws. Hard Laws Conflict Minerals Resource Nationalism Social License The Future. 1. Hard Laws. Anti-Corruption and Anti-Bribery Environmental laws Water quantity rights

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Legal Trends: Hard Laws and Soft Laws Bob Bassett Partner – Holland & Hart LLP

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  1. Legal Trends: Hard Laws and Soft LawsBob BassettPartner – Holland & Hart LLP

  2. Hard Laws and Soft Laws • Hard Laws • Conflict Minerals • Resource Nationalism • Social License • The Future

  3. 1. Hard Laws • Anti-Corruption and Anti-Bribery • Environmental laws • Water quantity rights • No-go Areas • New Financing Structures (streaming)

  4. 2. Conflict Minerals • Dodd-Frank Act Section 1502 and SEC Rules • 3Ts and a G • SEC’s Three Step Process

  5. 2. Conflict Minerals – Step 1 • Step one – determine if conflict minerals are necessary to the manufacture of a product

  6. 2. Conflict Minerals – Step 2 • Step 2 – determine if conflict minerals came from listed country

  7. 2. Conflict Minerals – Step 3 • Step 3 – Conduct due diligence on the source and chain of custody of the conflict minerals; and then • Provide a Conflict Minerals Report describing its due diligence measures

  8. 2. Conflict Minerals – Mining Companies What should mining companies do now? • Mining companies as such are not “manufacturers”, but may be in supply chain • Be prepared to respond to customer due diligence inquiries • Become familiar with OECD due diligence guidelines

  9. 2. Conflict Minerals Challenge • National Association of Manufacturers and the US Chamber of Commerce v. SEC • Cost of compliance greater than benefit • Oral Argument:May 15, 2013

  10. 3. Resource Nationalism • Appropriation

  11. 3. Resource Nationalism (cont’d) • Economic Rent • Fights brew in 4 states over proposed regulatory overhauls • Manuel Quinones, E&E reporter • Published: Tuesday, January 8, 2013 • Mining interests and environmentalists are squaring off in New Mexico, Virginia, Wisconsin and Maine as companies • push to meet expanding global demand for minerals and as legislatures and local governments try to spur economic • development. Rudd proposes 10% mine royalty

  12. 3. Resource Nationalism (cont’d) • New Codes and Contracts

  13. 4. Social License • Community Relations • FPIC • Indigenous Peoples • Artisanal Miners • Sustainable Development

  14. 5. Looking Forward Mining in Outer Space “the paucity or outright absence of law regarding certain key subjects such as property rights, mining, salvage, liability, and dispute resolution is a disincentive to private space activities. Individuals, companies and investors are unsure of their rights and have no assurance that their efforts and investments will be legally protected.” Bechtel Partners with Planetary Resources for Space Initiative Joins other visionaries for next chapter in resource development Bellevue, Wash. – April 16, 2013 – Planetary Resources, Inc. announced today that Bechtel has joined their core group of investors

  15. Robert BassettPartner – Holland & Hart LLPBBassett@hollandhart.com303.290.1603

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