sharing in governance of extractive industries
Variances in gold export declarations by the Ministry of Energy and Mineral Development (MEMD) and the Uganda Revenue Authority (URA) continue to stress a missed opportunity in Uganda’s mineral resources. The Office of the Auditor General’s 2016/17 report highlights an 8,674.719kgs variance between the MEMD declaration (16.281kgs) and the URA record (8,691kgs). Similarly, the 2015/16 financial year highlighted a variance of 5,223kgs of Gold exports between the 93kgs of gold awarded export permits by MEMD and the 5,316 kgs of gold recorded to have been exported by URA.
Looking at the figures in kilograms, one may not realise the magnitude of loss we are in as a country. However, basing on the assumption that no royalties were paid on the gold export permits issued by URA, Uganda lost about USD 3.39m basing on the 1% applicable rate for imported gold or USD 16.95m in case the gold was locally mined. The dollar rate probably does not bring out the magnitude of loss quite well, Uganda lost between UGX 12.795billion to UGX 63.977billion.
What the law says
According to Section 98 (1) of the Mining Act 2003, all minerals obtained or mined in the course of prospecting, exploration, mining or mineral processing operations shall be subject to the payment of royalties. Despite this being clearly stated in the law, a number of people have evaded payment of royalties on the basis that they hold prospecting licenses and are merely on a mission to check whether the minerals actually exist and in what quantities and or grades. More than ever, Local Governments have noted the existence of companies prospecting year in, year out. Could this be a loophole being used to evade payment of royalties?
The Author is the Communications Officer,
Africa Centre for Energy and Mineral Policy (ACEMP)
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