AngloGold Ashanti Annual Financial Statements 2009
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If, in one or more of these countries, AngloGold Ashanti was not able to obtain or maintain necessary permits, authorisations
or agreements to implement planned projects or continue its operations under conditions or within time frames that make such
plans and operations economic, or if legal, ownership, fiscal (including all royalties and duties), exchange control, employment,
environmental and social laws and regimes, or the governing political authorities change materially, resulting in changes to
such laws and regimes, its results of operations and its financial condition could be adversely affected.
Certain of the countries in which AngloGold Ashanti has mineral deposits or mining or exploration operations, including the DRC,
and Colombia, have in the past experienced, and in certain cases continue to experience, a difficult security environment as
well as political instability. In particular, various illegal groups active in regions in which AngloGold Ashanti is present may pose
a credible threat of terrorism, extortion and kidnapping, which could have an adverse effect on AngloGold Ashanti's operations
in such regions. In the event that continued operations in these countries compromise AngloGold Ashanti's security or business
principles, it may withdraw from these countries on a temporary or permanent basis.
In December 2008, the National Council for Democracy and Development, or CNDD, seized power in Guinea after the death
of the country’s long-standing president, Lasana Conte. Moussa Dadis Camara, president of the CNDD, announced on
27 December 2008 the creation of a committee to examine and revise all existing mining agreements in Guinea. The
committee’s review process has not yet commenced and AngloGold Ashanti is currently unable to predict the timing and
outcome of the committee’s examination. Pursuant to the direction of president Moussa Dadis Camara or his ministers,
production at AngloGold Ashanti’s Siguiri mine in Guinea and the export of gold from Guinea were temporarily interrupted
during 2009. At the end of June 2009, following an embargo on the export of gold from Guinea and discussions with the
government of Guinea centred on the nature and protocols of an environmental fund related to AngloGold Ashanti's existing
$27m provision for environmental rehabilitation of Siguiri as of 30 June 2009, AngloGold Ashanti agreed and made an advance
payment of $10m to the government of Guinea in respect of AngloGold Ashanti's environmental rehabilitation provision,
subject to an undertaking from the government of Guinea that the funds be used solely for the environmental rehabilitation of
Siguiri and that the payment be offset against the balance of its future environmental liabilities related to Siguiri. AngloGold
Ashanti cannot give any assurance that future stoppages of this nature may not occur, or that further payments in advance of
future liabilities will not be demanded by the government of Guinea. Such stoppages, if prolonged, could have a material
adverse effect on the Siguiri mine. On 3 December 2009, president Moussa Dadis Camara was shot in an apparent
assassination attempt and on 15 January 2010, president Moussa Dadis Camara signed a transition agreement allowing for
the end of military rule, presidential elections and the transfer of Guinea back to civilian rule. A new transitional government
was appointed on 15 February 2010 and is charged with organising presidential elections by July 2010. President Moussa
Dadis Camara has ruled himself out of running in future presidential elections and the key figures in Guinea’s military hierarchy
have all publicly vowed their support for the end to military rule. It is not certain what impact any future political instability in
Guinea may have on AngloGold Ashanti’s ability to manage and operate its mining operations in Guinea.
In Mali and Tanzania, AngloGold Ashanti is due refunds of input tax and fuel duties which remain outstanding for periods longer
than those provided for in the respective statutes. In addition, AngloGold Ashanti has outstanding assessments and
unresolved tax disputes in a number of countries. If the outstanding VAT input taxes are not received, the tax disputes are not
resolved and assessments are not made in a manner favourable to AngloGold Ashanti, it could have an adverse effect upon
its results of operations and its financial condition.
Labour disruptions and/or increased labour costs could have an adverse effect on AngloGold Ashanti's operating
results and financial condition.
AngloGold Ashanti's employees in South Africa, some South American countries, Ghana and Guinea are highly unionised.
Trade unions therefore have a significant impact on AngloGold Ashanti's labour relations climate, as well as on social and
political reforms, most notably in South Africa. There is a risk that strikes or other types of conflict with unions or employees
may occur at any of AngloGold Ashanti's operations, particularly where the labour force is unionised. It is uncertain whether
labour disruptions will be used to advocate labour, political or social goals in the future. Material labour disruptions could have
an adverse effect on AngloGold Ashanti's results of operations and its financial condition.
As at 31 December 2009, approximately 67% of AngloGold Ashanti’s workforce excluding contractors, or approximately 59%
of AngloGold Ashanti’s total workforce, was located in South Africa. In South Africa, it has become established practice to
negotiate wages and conditions of employment with the unions every two years through the Chamber of Mines of South
Africa. An agreement was signed with the unions in July 2009, following negotiations between the National Union of