Barrick Refers Senegalese Tax Dispute to Arbitration
May 01 2021 - 3:01AM
Barrick Refers Senegalese Tax Dispute to Arbitration
Barrick Gold Corporation (NYSE:GOLD)(TSX:ABX) confirmed today that
it had referred a tax claim by the Senegalese Revenue Authority
(SRA) to the International Chamber of Commerce (ICC) for
arbitration after numerous attempts to resolve the issue with the
government had failed.
The SRA has levied an unaudited assessment
totaling $208 million (calculated as of March 31, 2021) for
taxes it claims arose from Barrick’s sale of its interest in the
Massawa project to Teranga Gold Corporation last year. Barrick said
the proposed assessment was not in accordance with its investment
agreement and relevant legislation in place, and in order to
resolve the dispute, Barrick has referred the matter to the ICC
which is the dispute resolution forum provided for in its agreement
with the State of Senegal.
The arbitration process will start when the SRA
has appointed its arbitrator. Barrick said in the meantime it would
continue to engage with the government to resolve this matter.
Barrick and its predecessor Randgold has been a partner and
investor in the Senegalese mining industry since 1995, and
continues to invest in its exploration projects, as well as through
its investment in Endeavour Mining Corp.
Enquiries
President and CEOMark Bristow+1 647 205 7694+44 788 071 1386 |
Country Manager SenegalDavid Mbaye+221 76 33 93 714 |
Investor and Media RelationsKathy du Plessis+44 20 7557 7738Email:
barrick@dpapr.com |
Website: www.barrick.com |
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Cautionary Statement on Forward-Looking
Information
Certain information contained in this press
release, including any information as to Barrick’s strategy, plans,
or future financial or operating performance, constitutes
“forward-looking statements”. All statements, other than statements
of historical fact, are forward-looking statements. The words
“will”, “would”, “continue” and similar expressions identify
forward-looking statements. In particular, this press release
contains forward-looking statements including, without limitation,
with respect to Barrick’s strategy for the resolution of the
Senegalese tax dispute through arbitration and continued engagement
with the Senegalese Revenue Authority, and Barrick’s continuing
investment in exploration projects in Senegal.
Forward-looking statements are necessarily based
upon a number of estimates and assumptions; including material
estimates and assumptions related to the factors set forth below
that, while considered reasonable by Barrick as at the date of this
press release in light of management’s experience and perception of
current conditions and expected developments, are inherently
subject to significant business, economic, and competitive
uncertainties and contingencies. Known and unknown factors could
cause actual results to differ materially from those projected in
the forward-looking statements, and undue reliance should not be
placed on such statements and information. Such factors include,
but are not limited to: timing of receipt of, or failure to comply
with, necessary permits and approvals, including with respect to
the assumption of closure obligations; the speculative nature of
mineral exploration and development; changes in national and local
government legislation, taxation, controls, or regulations and/or
changes in the administration of laws, policies, and practices,
expropriation or nationalization of property and political or
economic developments in Senegal; lack of certainty with respect to
foreign legal systems, corruption and other factors that are
inconsistent with the rule of law; failure to comply with
environmental and health and safety laws and regulations;
litigation, arbitration and legal and administrative proceedings;
risk of loss due to acts of war, terrorism, sabotage and civil
disturbances; and damage to Barrick’s reputation due to the actual
or perceived occurrence of any number of events, including negative
publicity with respect to the Barrick’s handling of environmental
matters or dealings with community groups, whether true or not. In
addition, there are risks and hazards associated with the business
of mineral exploration, development, and mining, including
environmental hazards, industrial accidents, unusual or unexpected
formations, pressures, cave-ins, flooding, and gold bullion, copper
cathode, or gold or copper concentrate losses (and the risk of
inadequate insurance, or inability to obtain insurance, to cover
these risks).
Many of these uncertainties and contingencies
can affect our actual results and could cause actual results to
differ materially from those expressed or implied in any
forward-looking statements made by, or on behalf of, us. Readers
are cautioned that forward-looking statements are not guarantees of
future performance. All of the forward-looking statements made in
this press release are qualified by these cautionary
statements.
Specific reference is made to the most recent
Form 40-F/Annual Information Form on file with the SEC and Canadian
provincial securities regulatory authorities for a more detailed
discussion of some of the factors underlying forward-looking
statements, and the risks that may affect Barrick’s ability to
achieve the expectations set forth in the forward-looking
statements contained in this press release.
Barrick disclaims any intention or obligation to
update or revise any forward-looking statements whether as a result
of new information, future events or otherwise, except as required
by applicable law.
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