Mexico country mining guide - KPMG Global Mining Institute - February 2016 - KPMG International
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1 Table of Executive summary Country snapshot 3 contents EIU (Economist Intelligence Unit) rankings: ease of doing business Type of government 4 5 Economy and fiscal policy 6 Fraser institute rankings 8 Regulatory environment 9 Power supply 14 Infrastructure development 15 Labor relations and employment 16 Inbound and outbound investment 17 Key commodities – production and reserves 18 Major mining companies in Mexico 20 Further insight from KPMG 23 KPMG global mining practice 24 Mining centers 25 © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
Mexico | Country mining guide 1 Executive summary With a land area among the larger In recent years, Mexico’s Mining and Infrastructure industry are countries of the world, and a temperate sector has attracted some of the deemed positive for the country, and year-round climate, Mexico has large country’s largest foreign and domestic communicate the “pro-business” reserves of accessible mineral wealth. investments. In 2014, investment in the stance of the government. The country is the largest producer of sector was US$5 billion, and is expected silver in the world. In addition, it ranks to top US$5.4 billion in 2015. Moreover, However, the country’s economy has among the top 10-world producers investment is expected to rise in 2016, been affected by the following factors: of gold, fluorite, bismuth, celestite, despite fluctuations in international —— Inadequate infrastructure wollastonite, lead, molybdenum, prices for most metals. diatomite, cadmium, graphite, baryte, —— Over-reliance on the US economy salt, gypsum, manganese and zinc. Improving business —— High crime rates Moreover, Mexico has vast reserves of many minerals that remain unexploited. environment —— Substandard education system In recent years, Mexico’s business —— Uncompetitive Energy and other Mexico plays a key role in the global environment has improved. This is Mining industry, in terms of revenue, Public sectors primarily due to its privileged access production and reserves. The country to the US market, an increasing global —— Inflexible labor markets is an ideal destination for mining network of free trade agreements investment, ranking behind the US, In the past, the regulatory framework (FTAs), an emerging middle class, Canada and Australia in terms of for the Mexican Mining sector has been and a large domestic market. The investment attractiveness. protectionist and unfavorable to foreign sectoral reforms, especially in Energy Mexico 1st 15th 2nd Mexico is the Mexico has a $1.29 trillion Mexico ranked second largest producer of economy, ranking it as in the EIU regional silver in the world the 15th largest ranking, which economy in the world included 12 countries from the Latin American region. © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
2 Mexico | Country mining guide mining investment. However, in the 30 percent. Post January 2014, a mining eighties, Mexico began to implement royalty equivalent to 7.5 percent of the significant economic changes that concession holders’ income derived continued over the following decades. from their mining exploitation activities The regulatory framework was is being levied. simplified to attract foreign investment and, as a result, private investment Addressing the problems has become the driving force of the Mexican economy. The Mexican government is now focused on improving infrastructure. The country has many infrastructure A mining-friendly jurisdiction opportunities, primarily in the power In the Mining sector, restrictions grid and road networks. The structural on foreign ownership of Mexican reforms introduced by the Enrique Peña companies have been removed. Nieto government is largely viewed Mining-specific royalties and taxes as a positive step toward boosting a were revoked in the nineties to sustainable economic growth. attract international investment in the Mining industry. With an estimated population of approximately 121.7 million (July 2015), Current law requires mining companies Mexico is the 12th most populated to be incorporated under the laws country in the world. A lack of reform of Mexico, include exploration or in the country’s labor laws has often exploitation of minerals under their adversely affected the Mining industry. corporate purpose and establish their Worker unions are strong in the Mining corporate domicile within Mexico. sector, and frequently demand better benefits and salary increases. Illegal The country retains ownership of all work stoppages are common. Recently, mineral resources and the government the Mexican government implemented grants concessions to private mining some changes to the labor law that companies for exploration and extraction. provides employers more flexibility in hiring and firing workers. In November In terms of taxation, mining companies 2012, Mexico’s Congress approved in Mexico are treated similarly to broad changes to the country’s labor companies in other sectors. Corporate law, to encourage small businesses to income tax is levied at a rate of hire workers. © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
Mexico | Country mining guide 3 Country snapshot Mexico1 Location Mexico is located in North America that borders the Caribbean Sea and the Gulf of Mexico, between Belize and the US and bordering the North Pacific Ocean, between Guatemala and the US. Geography Mexico is a federal constitutional republic located in the continent of North America. It is the 14th largest country in the world by area. Located at (23 00 N, 102 00 W), and spread over 1,964,375 square kilometers, Mexico borders the US to the North, Belize and Guatemala to the south, the Gulf of Mexico to the east and the North Pacific Ocean to the west. Climate The climate in Mexico varies according to the topography, from tropical to desert. It is hot and humid along the coast. Inland communities at higher elevations are much dryer and more temperate. Population With an estimated population of approximately 121.7 million (July 2015), Mexico is the 12th most populated country in the world. Mexico’s population is relatively young with a median age of 27.6 years. In terms of demographics, the country’s population comprises indigenous groups and early Spanish immigrants. Currency The official currency of Mexico is the Mexican Peso (MXN). Banco de Mexico, the country’s central bank is responsible for providing domestic currency to the Mexican economy and ensuring the stability of the peso’s purchasing power. Average exchange rate in 2015 were:2 —— MXN15.8671: US$1 —— MXN17.7072: EUR1 1 CIA Factbook, accessed on January 29, 2016 2 Interbank historical average over January 1, 2015 to December 31, 2015 from Oanda, accessed on January 29, 2016 © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
4 Mexico | Country mining guide EIU (Economist Intelligence Unit) rankings: ease of doing business Within the EIU The country ranked second in the regional ranking, which included The government has made a good start on tackling some of these business environment 12 countries from the Latin structural flaws, by means of reforms. ranking for 2015–2019, American region. Nevertheless, there remain certain risks relating to their effective Mexico ranked Mexico’s privileged access to the implementation owing to institutional US market, integration into the 32nd amongst the latter’s manufacturing supply chains, weaknesses and more adverse market conditions in the Energy sector (the 82 countries, rising an extensive network of free-trade focus of the most attractive reform by agreements and a large internal one place from the market make it one of the most far), as a result of the fall in oil prices. previous ranking of attractive investment locations However, the country’s economy is among emerging markets. still plagued by some problems related 33 in the 2010–2014 to infrastructure; reliance on the US However, high input costs, an inefficient period. labor market, insecurity, corruption and economy; crime rates; education system; uncompetitive energy and a complex tax system (notwithstanding other public sectors; and inflexible labor a 2014 fiscal reform) have slowed the markets. overall economic environment. Value of Indexa Global Rankb Regional Rankc 2010–2014 2015–2019 2010–2014 2015–2019 2010–2014 2015–2019 6.88 7.05 33 32 2 2 Note a. Out of ten Note b. Out of 82 countries. Note c. Out of 12 countries: Argentina, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, El Salvador, Mexico, Peru and Venezuela. Source: Economist Intelligence Unit © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
Mexico | Country mining guide 5 Type of government Mexico is a federal The president is the nominal head of the country and leads the executive branch other courts and tribunals, including district courts that oversee various parts republic (also called and the armed forces. A direct popular of the country. The Supreme Court can a federation). At the vote for a six-year term elects the president, who cannot be re-elected. rule on specific cases only, not on broad constitutional issues. federal level, the The Legislative branch of the Mexican Mexico has 32 states and a federal Mexican government government is bicameral, with the district, which constitute its has three branches: chamber of representatives and the administrative divisions. The federal chamber of the senate comprising district houses the federal government. executive, legislative 500 and 128 members, respectively. Each state is considered a sovereign and judicial. Members of the lower house serve for entity and is free to make its own three-year terms, and senators serve constitution, with which it can govern for six years. These two houses pass its relations with other Mexican states laws, approve spending and budget but not with other countries. bills, declare war on other countries, and approve presidential appointments. The local level of the Mexican government comprises more than The Judicial branch of the Mexican 2,400 municipalities. Each municipality government has a High Court, the has a president and a council.3, 4 Supreme Court of Justice and several 3 Wisegeek, accessed on January 28, 2016 4 CIA Factbook, accessed on January 28, 2016 © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
6 Mexico | Country mining guide Economy and fiscal policy Economy includes an overhaul of the taxing system, cuts in government spending, Mexico has a $1.29 trillion economy, and the liberalization of certain ranking it as the 15th largest economy economic sectors such as energy and in the world, and the 12th in terms telecommunications. of power purchasing parity (PPP). Based on these rankings, Mexico is Mexico is traditionally seen as a a “middle power,” falling just short of commodities and manufacturing giant. being a G7 economy and ranking as It has the largest proven silver reserves an economic power. in the world, and the tenth largest oil reserves. PEMEX, the state-owned With its 125.4 million inhabitants, oil company, is one of the largest oil the country’s GDP per capita is producers in the world, with revenues approximately $10,348, ranking Mexico of approximately $130 billion. firmly in the “upper middle income” countries. Adjusted for purchasing Due to rising wages and less favorable power, the GDP per capita is about 70 trade terms in other countries including percent higher, at $17,145, which ranks China, Mexico recently gained the country in the same league with competitiveness as an automobile Turkey, Romania, and Brazil, but still exporter. Large automotive companies far below countries such as the US such as Volkswagen, Toyota, Nissan, ($55,000) or Switzerland ($58,000). Ford, General Motors and Fiat Chrysler have increased their production in Economic growth is forecast to rise Mexico recently, or have announced 3.1 percent annually over 2016–2020, their intentions to do so. slightly less than the 3.4 percent annual growth in 2010–2014, the years Mexico’s membership of the North following the global financial crisis American Free Trade Association of 2008–2009. Before that, growth (NAFTA) has enabled the country to averaged about 4–5 percent per year. become one of the largest trade partner of the US. Mexico exports mostly The government of Enrique Peña Nieto, manufactured goods, industrial goods which came to power in December and automobiles. It has a positive trade 2012, has been pressing ahead with balance with the US, and consequently, what has been seen by many as an has become one of the largest holders “ambitious reform agenda.” This of US treasury bonds. © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
Mexico | Country mining guide 7 Mexico became the first Latin American structural reforms in 2013–2014, Monetary policy outlook country to enter the Organisation including in the Energy, Education and for Economic Co-operation and Telecommunications sectors. Persistent The Banco de México (Banxico, the Development (OECD) in 1994. It was constraints on growth include lack central bank) will see its dovish stance later joined by Chile. Colombia is in of competition in the internal market challenged by a weak peso, but will talks to join the OECD as well. Jose and a deficient education system, as benefit from the historically low levels Angel Gurria (a Mexican) is the current well as institutional flaws resulting in of inflation in recent months. President of the OECD. rampant corruption across all levels of The monetary policy rate currently government and limited progress in stands at 3 percent, and based upon Mexico is the OECD country with the curbing high levels of crime.7 second highest degree of economic analyst baseline forecast, an expected disparity between the rich and the poor, tightening cycle will be largely behind Chile. The bottom 10 percent Taxation synchronized with that of the US. on the income rung disposes of 1.36 However, Banxico is likely to delay The corporate tax rate stands at percent of the country’s resources, this if the economy continues to 30 percent, while the top rate of whereas the upper 10 percent dispose underperform. On the banking side, personal income tax was increased to of almost 36 percent. Twenty-six overall private credit penetration 35 percent as part of the recent fiscal percent of GDP comes from the remains low, as most central reform. Depreciation allowances range informal economy, a part of the government and state-level spending from 5 percent to 25 percent, but economy in which almost 60 percent is financed through the domestic can be up to 50 percent on pollution- of the workforce is active.5, 6 banking system, leading to some control equipment. The value-added tax (VAT) rate is 16 percent throughout crowding-out of small and medium- Policy issues the country (a lower border rate has sized borrowers. been eliminated); food products and Conservative fiscal and monetary medicines remain exempt from VAT, This situation will improve gradually policies underpin macroeconomic although a junk-food tax has been over the 2016–2020, owing to a recently stability; however, the weakness of introduced for products with high passed banking reform that seeks the non-oil fiscal revenue base and calorific content. Additional changes to increase lending through greater the shallowness of credit markets to various tax regimes, which affect competition in the financial system.8 leave the authorities with few tools conglomerates and ‘maquila’ (domestic at their disposal to boost demand. assembly for re-export) firms, have also The pace of reform has accelerated come into effect.5 markedly under Mr. Peña Nieto, with the adoption of transformative 5 World Economic Forum, May 5, 2015 6 CIA Factbook, accessed on January 28, 2016 7 EIU Country Profile accessed on January 28, 2016 8 Monetary policy outlook: EIU, published December 4, 2015 © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
8 Mexico | Country mining guide Fraser institute rankings Economic freedom of the Survey of mining companies 2014 world 2015 report Mexico ranked 56th on Policy Perception The country has slipped down in Among the 157 countries covered Index by the Fraser Institute‘s Survey of the rankings on the Current Mineral by the Fraser Institute’s Economic Mining companies 2014. Mexico’s rank Potential Index, with a ranking of 31 (out Freedom of the World 2015 Report, in the yearly survey of the index has of 122) in 2014 from a rank of 15 (out of Mexico ranked 93rd, with a score of consistently deteriorated since 2010. 79) in 2010. 6.79 on a scale of 10. This annual peer-reviewed report Figure 1: Mexico’s scores, Fraser institute’s survey of mining companies 2014 ranks countries, based on their policies that enable 42 different Mexico’s scores, Fraser institute’s survey of mining companies Current mineral potential and best practices economic measures in the 60 1.0 0.85 mineral potential score, on a scale of 1 0.86 following areas: 0.9 58 0.78 Policy potential index score, 0.72 0.8 0.71 —— Size of government – 0.64 0.7 on a scale of 100 expenditures, taxes and 56 0.6 enterprises 54 0.58 0.5 0.53 0.51 —— Legal structure and security of 0.46 0.4 property rights 52 0.3 0.2 —— Access to sound money 50 0.1 —— Freedom to trade internationally 54.65 58.79 57.28 56.52 52.02 48 0.0 2010 2011 2012 2013 2014 —— Regulation of credit, labor and Policy perception index* Current mineral potential** Best practices mineral potential business Note *: The Policy Perception Index is a composite index that measures the effects on exploration of government policies Note**: The Current Mineral Potential Index is based on respondents’ answers to the question about whether or not a jurisdiction’s mineral potential under the current policy environment encourages or discourages exploration. It assumes current regulations and land use restrictions. Note***: The Best Practices Mineral Potential Index is based on respondents’ answers to the question about mineral potential of jurisdictions, assuming their policies are based on “best practices.” It assumes no land use restrictions in place and the industry “best practices”. © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
Mexico | Country mining guide 9 Regulatory environment In Mexico, the Mexican Mining Law, its various subordinate agencies, Foreign direct originally published in June 1992, administers the country’s mining law, regulates all mining activities. This with respect to concessions, allotments investments (FDI) federal mandate governs the use, and national mining reserves. Under Mexican law, mining concessions expiration and cancellation of mining can only be granted by the Ministry concessions. Under the law, all minerals Federal law regulates mining activities of Economy to Mexican nationals found in the Mexican territory are in Mexico. Under Mexico’s Federal (individuals or companies), ejidos9, owned by the country, and private Constitution, the direct ownership agrarian and Indian communities. parties may exploit these minerals (essentially) of all minerals resides (except oil and nuclear fuel minerals) in Mexico. The Federal Constitution To be legally qualified to hold title to a through a concession granted by the sets forth the legal grounds for the mining concession, companies must be federal government. organized under the laws of Mexico and their corporate While most of the Mexican territory are owned by purpose must include the key areas of essential the country, and private parties exploration or exploitation infrastructure in Mexico of minerals. are state-controlled, over may exploit these minerals the past two decades (except oil and nuclear fuel Foreign investment in Mexico has modernized Mexican companies holding its legal framework minerals) through a concession mining concessions is to allow domestic granted by the federal government. subject to the provisions of the Foreign Investment and foreign private participation in transportation, electric involvement of Mexican entities and Law. Foreign investors are power, water and communications individuals in mining exploration and permitted to acquire up to 100 percent under privatization, concession and exploitation activities through mining of the capital stock of Mexican public private partnership (PPP) concessions granted by the federal entities holding mining concessions, schemes. These reforms have created government. as long as such investors agree with an environment that is more conducive the Ministry of Foreign Affairs to be to investment in infrastructure projects. Other laws and regulations govern treated as Mexican citizens in respect specific mining-related matters, of their equity participation in the The Ministry of the Economy exercises including the environment, water concession holder. its authority on mining companies supply, labor matters, foreign through General Coordination of Mines, investment, land use rights, use which in turn relies on the General of explosives, etc. Bureau of Mines. The Bureau, through 9 Ejido is an area of communal land used for agriculture, on which community members individually farm designated parcels and collectively maintain communal holdings. © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
10 Mexico | Country mining guide © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
Mexico | Country mining guide 11 Duties, taxes and royalties activities, financial costs and taxes. This and exploitation works within two mining royalty is assessed in respect of years after the twelfth year of the In terms of taxation, mining companies concessions already being exploited by effectiveness of the mining concession. in Mexico are treated similarly to their holder and is payable to the federal These royalties are payable to the companies in other sectors. Corporate government in January and July of each federal government in January and July income tax is levied at a rate of calendar year. of each calendar year. 30 percent. Additionally, holders of gold, silver or Furthermore, under the Mining Any person seeking to obtain a mining platinum mining concessions must pay Law, holders of mining concessions concession must pay application fees to an extraordinary annual mining royalty awarded pursuant to a public bid the Mexican government. After granting (derecho extraordinario de minería) process must pay a royalty (prima mining concession by the Ministry equivalent to 0.5 percent of all revenues por descubrimiento) or an economic of Economy, concession holders are arising exclusively from the sales of consideration (contraprestación required to pay mining duties during the such minerals. económica), during the life of the life of the concession. Mining duties concession. The royalty of economic are payable to the federal government Holders of mining concessions consideration are paid to the Mexican in January and July of each calendar that have suspended exploration or Geologic Service (Servicio Geológico year. The amount of mining duties is exploitation works during two years Mexicano) and a federal government assessed based upon the size (number within an eleven-year-period from the agency in charge of conducting of acres) of the mining lot and must be granting of the mining concession research and identifying the potential paid in Mexican pesos. A concession would pay an additional mining royalty mineral resources of the country. holder’s failure to pay mining duties may (derecho adicional sobre minería) result in the cancellation of the mining equivalent to 50 percent of the This royalty or economic consideration concession. applicable mining duties payable by is determined by the Ministry of concession holders from the twelfth Economy on a case-by-case basis at The Federal Duties Law (Ley Federal de year of the effectiveness of their its discretion, and is calculated as a Derechos), which amended in January mining concessions. percentage of the invoice value of the 2014, and provides for an annual minerals extracted and sold under the mining royalty (derecho especial de Such royalty is assessed based upon relevant mining concession. minería) equivalent to 7.5 percent of the the size of the mining lot. Concession concession holders’ income derived holders shall increase it to 100 percent Under Mexican law, mining duties may from their mining exploitation activities of the mining royalty payable from the be paid by the concession holder or by after permitted deductions, excluding twelfth year of the effectiveness of the a third party having an interest on such investments different from those mining concession, if the concession payment.10, 11 made in connection with exploration holder has not undertaken exploration 10 Mexico Mining Legislation, ICLG, accessed on January 28, 2016 11 Latin Lawyer – Mining 2015, accessed on January 28, 2016 © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
12 Mexico | Country mining guide Sustainability and In Mexico, mining companies must Regulatory authorities must approve follow the environment regulations laid this environmental impact statement. environment out by the Mexican Secretariat of Labor Mexican environmental regulations (STPS) and SEMARNAT. Surface exploration activities generally have become increasingly stringent over have a very low environmental impact. the last decade because of international Mining companies must obtain If an exploration project conforms agreements that Mexico has ratified, environmental impact permits from to the NOM-120-SEMARNAT-1997 including North American Agreement on SEMARNAT prior to any mining and (Norma Oficial Mexicana NOM-120- Environmental Cooperation (parallel to exploration activities, and such activities SEMARNAT, 1997 [1998]), SEMARNAT NAFTA), the UN Framework Convention are subsequently subject to several does not require a permit to conduct on Climate Change low impact surface and the Convention on work such as drilling. Biological Diversity. Major mining companies in Mexico In practice, although The country’s federal have started to invest in auxiliary areas not required under the NOM-120, many government works of environmental responsibility, such as companies submit an toward sustainable development and reforestation projects, environmental “Informe Preventivo”, a report that states the environmental audits and certification, and residual measures that will be protection through the used by the company to Ministry of Environment management systems, among others. minimize environmental and Natural Resources impacts. ‘Secretariat of Environment and Natural environmental permits from different Resources (Spanish: Secretaría del offices with SEMARNAT, including With environmental issues becoming Medio Ambiente y Recursos Naturales, water extraction, wastewater discharge key issues in the Mining sector, SEMARNAT). and tailings disposal. SEMARNAT is introducing environment- friendly policies for the industry. Major SEMARNAT aims toward the following Under the Mexican Mining Law, mining companies in Mexico have targets: concessionaires must adhere to started to invest in auxiliary areas of federal environmental regulations, environmental responsibility, such as —— Conservation of ecosystems and and their activities are subject to an reforestation projects, environmental their biodiversity environmental review. All mining audits and certification, and residual —— Prevention and control of pollution companies are required to prepare and management systems, among file an environmental impact statement others.12, 13, 14 —— Management of water resources for all extractive operations as well —— Actions toward climatic change as non-standard exploration work. 12 Website of SEMARNAT, accessed on February 1, 2016 13 Website of Almaden Minerals, Fresnillo, and First Majestic Silver Corp, accessed on February 1, 2016 14 Mexico Mining Review 2015, accessed om February 1, 2016 © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
Mexico | Country mining guide 13 © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
14 Mexico | Country mining guide Power supply As per the official data provided by as independent power producers (IPPs) Secretaría de Energía de México in Mexico. (SENER), Mexico had an effective generation capacity of 54.4 gigawatts Mexico had 16,295 MW of total (GW) and country generated an renewable installed capacity as of 2014, estimated 258 billion kilowatt-hours predominantly in hydroelectric, wind, (kWh) of electric power in 2014. This solar photovoltaic (PV) and geothermal represents an increase of nearly capacity. Non-hydro renewables such 25 percent over 2005–2014. Power as wind, geothermal, and solar PV, plants using fossil fuels provide 78 represented 3 percent of Mexico’s percent of Mexico’s electricity capacity electricity generation in 2013. In 2014, and generation. The Industrial sector Mexico had 980 MW of geothermal accounts for 58 percent of Mexico’s capacity, ranking the country fifth in electricity sales, while the Residential terms of global geothermal capacity. sector is responsible for slightly more Mexico also has a tremendous potential than one quarter of electricity sales. for harnessing wind power.Mexico’s The National Energy Strategy outlined plan to increase its wind power capacity by SENER and the Works and makes it the fastest growing wind Investment Program of the Electricity energy market among the top 20 Sector (POISE) set up by CFE set a goal economies of the world. to generate 35 percent of electricity Several wind projects are in from non-fossil sources by 2024. development in Mexico’s Baja California Non-fossil generation accounted for and in Southern Mexico with the aim 22 percent of Mexico’s electricity of boosting Mexico’s wind generation supply in 2014. capacity from 2 GW to 12 GW by 2020. The state-owned Comisión Federal Mexico is hoping to achieve this goal by de Electricidad (CFE) is the dominant encouraging $14 billion in investment player in the Generation sector, between 2015 and 2018. controlling more than three-quarters With these developments, Mexico of Mexico’s installed generating is poised to become one of the capacity. CFE also holds a monopoly world’s fastest-growing wind energy on electricity transmission and producers; however, Mexico’s domestic distribution. However, international transmission infrastructure must be companies, such as Mitsubishi, updated if the country is to capitalize on Intergen, AEC, Iberdrola, Transalta and this increasing potential.15, 16, 17, 18, 19 Union Fenosa, are now participating 15 Website of SENER, accessed February 2, 2016 16 US Energy Information Administration – Mexico energy data and analysis, accessed on February 2, 2016 17 Energy Factsheet – US Embassy – Mexico City, accessed on February 2, 2016 18 CFE Annual Report 2014, accessed February 2, 2016 19 Renewable Energy Roadmap (REmap 2030) – published by SENER in May 2015, accessed on February 2, 2016 © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
Mexico | Country mining guide 15 Infrastructure development Mexico currently ranks 64 out PNI is a comprehensive array of projects of 148 countries in terms of that would cost the Public and Private infrastructure, according to the Global sectors a combined total of about Competitiveness Index of the World $600 billion. Under the program, Mexico Economic Forum. Economists agree expects to upgrade its Transportation; that Mexico’s prospects for becoming Communications Networks; Energy a truly industrial economy will remain (power, oil and gas); Water; Health Care; limited unless the country accelerates Urban Development and Housing; and its construction of the roads, railroads, the Tourism Infrastructure sectors. ports, energy plants However, and other physical infrastructure The country has infrastructure essential in any many infrastructure development in modern industrial Mexico faces economy. opportunities, various challenges, primarily in power such as variable The Mexican creditworthiness of government focuses and road networks. state governments, on improving which discourages infrastructure. The country has many investors from participating in PPP infrastructure opportunities, primarily projects. Another major challenge in power and road networks. With this is the lack of multi-annual budgets, goal in mind, the Mexican government which affects PPP contracts at the local published its National Infrastructure level.20, 21, 22 Program for 2014–2018 (Programa Nacional de Infraestructura 2014–2018 (PNI)), in April 2014. 20 US Trade and Development Agency infrastructure project guide, accessed on February 2, 2016 21 Mexico: Structural Reforms on Energy and Infrastructure. What’s Next? – EMPEA (Emerging Markets Private Equity Association) 22 The Mexican mining industry: Pro Mexico Trade and Investment, accessed on February 2, 2016 © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
16 Mexico | Country mining guide Labor relations and employment Social and economic rights for workers mining, which in the past has led to were written directly into Mexico’s unemployment and uncertainty. constitution of 1917. The Federal Labor Law and the Federal Social Security In spite of these factors, the Mexican Law, which set the rules for labor Mining sector continues to be a prime relations, labor unions and labor courts, target for foreign investment. Mexico govern labor issues in Mexico. is a favorable destination for mining investment, ranking only behind the Although the labor laws – on paper – US, Canada and Australia in terms of provide protection for workers and investment attractiveness. Moreover, unions, their enforcement has been the country has vast reserves of various questionable. Historically, labor unions minerals that remain unexploited. and their negotiations have been These factors are bound to increase controlled by the government as part the demand for skilled workforce in of a larger strategy for economic the sector. development. This has often resulted in clashes between the government and In Mexico, nearly eight million labor unions, due to the government’s young people are unemployed. The focus on competition and foreign unemployment rate for the month investment, which often comes at of November 2015 was 4.1 percent, the cost of labor rights and working lower than 4.6 percent level registered conditions. in November 2014. In the Mexican Mining sector, labor Recently, the Mexican government unions are strong, and frequently implemented some changes in labor demand better benefits and salary law to give employers more flexibility in increases. A lack of reforms in the hiring and firing workers. In November country’s labor laws has often adversely 2012, Mexico’s Congress approved affected the Mining industry. Illegal broad changes to the country’s labor work stoppages are common in law, to encourage small businesses to hire more workers.23, 24, 25 23 Comparative Labor Relations, Website of McGraw Hill Education accessed on February 2, 2016 24 Mexico’s unemployment rate falls to 4.1 pct. in November, Fox News, Published December 25, 2015 25 Mexican Labor Year in Review (2015) – Solidarity, accessed on February 2, 2016 © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
Mexico | Country mining guide 17 Inbound and outbound investment In recent years, Mexico However, according to the EIU, high input costs, an inefficient labor market, market conditions in the Energy sector, due to a fall in oil prices.26 has witnessed a rise insecurity, corruption and a complex Despite global market conditions for in foreign investment tax system (notwithstanding a 2014 fiscal reform) have affected the overall minerals, mining investment in Mexico activity, particularly business environment. has maintained its vitality. from US investors. The government has made a good start In 2014, US$5 billion was invested in the Mexican Mining industry, which Most investors on tackling some of these structural is expected to top US$5.4 billion in flaws through reforms. Nevertheless, prefer Mexico to there remain certain risks related to 2015. Overall, the industry invested over US$17 billion over the 2013–2015 Brazil, due to its their effective implementation owing to period.27 institutional weaknesses and adverse geographical proximity to the US market, Figure 2: Trend for inward and outward direct investment in Mexico (2010–2020 F) low-manufacturing 50.0 45.2 costs, extensive global 40.0 37.7 41.1 Investment flow (US$ billion) 32.9 network of free trade 30.0 26.2 23.4 25.1 26.3 27.6 30.3 agreements (FTAs), 20.0 19.7 emerging middle 10.0 class and growing 0.0 2010 2011 2012 2013 2014 2015 2016 F 2017 F 2018 F 2019 F 2020 F domestic market. –10.0 –8.3 –12.6 –13.1 –11.7 –11.6 –12.8 –20.0 –15.0 –13.9 –15.1 –16.4 –22.5 –30.0 Inward direct investment Outward direct investment Source: Economist Intelligence Unit 26 Mexico Country Profile, EIU, accessed on February 2, 2016 27 Negocios ProMexico – May 2015, accessed on February 2, 2016 © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
18 Mexico | Country mining guide Key commodities – production and reserves Figure 3: Production level and percent share of global reserves of key commodities in Mexico Production level of key commodities in Mexico28 Gold production 3,500 2.7% 2.7% 2.7% 3.0% Mexico plays a key role in the 2.6% 2.5% 2.5% % share of global reserves global Mining industry, in terms of 3,000 2.5% revenue, production and reserves. In thousand tonnes 2,500 The country is amongst top 10-world 2.0% producer of silver, fluorite, gold, 2,000 1.5% bismuth, celestite, sodium sulphate, 1,500 2,450 2,560 2,660 2,690 2,800 2,860 wollastonite, lead, molybdenum, 1.0% 1,000 diatomite, cadmium, graphite, 500 0.5% baryte, salt, gypsum, manganese 51 73 84 97 98 92 and zinc. 0 0.0% 2009 2010 2011 2012 2013 2014 Over the past few years, the Mexico World % of global reserves sector recorded a healthy growth, which is expected to continue in the future. Mexico is the world’s largest producer of silver and a Copper production major producer of gold, copper and lead. According to SNL Financial, 25,000 6.5% % share of global reserves 6.0% Mexico has increased its share of 6.0% mining companies’ global exploration 20,000 5.5% 5.6% 5.5% 5.4% 5.4% In thousand tonnes dollars, from 4.6 percent in 2005 5.5% to 6.6 percent in 2014. Key facts of 15,000 5.0% Mexico’s production of commodities 4.5% include: 10,000 15,900 15,900 16,100 16,900 18,300 18,700 4.0% —— Mexico is the world’s largest 5,000 3.5% producer of silver with production 238 260 443 440 480 520 of 4,700 tonnes in 2014 0 3.0% 2009 2010 2011 2012 2013 2014 (7 percent of global production Mexico World % of global reserves of 26,100 tonnes). —— Mexico is amongst the world’s largest producer of gold with production of 92 tonnes in 2014 (2.5 percent of global production of 2,860 tonnes). —— Mexico is also a major producer of copper with production of 520,000 tonnes in 2014 (5.4 percent of global production of 18.7 million tonnes). 28 US Geological Survey – gold, copper, silver; accessed on February 3, 2016 © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
Mexico | Country mining guide 19 Mexico’s share in Silver production global reserves of key 35,000 7.3% 7.1% 8.0% commodities29 7.0% 7.0% 7.0% % share of global reserves 6.9% 30,000 7.0% In 2014, Mexico was the largest In thousand tonnes 25,000 6.0% producer of silver in the world. 5.0% According to the US Geological 20,000 4.0% Survey 2014, Mexico had an 15,000 21,800 23,100 23,300 25,500 26,000 26,100 3.0% estimated reserve of approximately 10,000 2.0% 37,000-tonnes of silver. 5,000 1.0% 3,550 4,410 4,150 5,360 4,860 4,700 In addition, Mexico is a favored 0 0.0% 2009 2010 2011 2012 2013 2014 destination for investment in the Mexico World % of global reserves Mining sector, primarily due to its geology, open investment regime, low labor costs and a developed Figure 4: Reserve level of silver and copper in Mexico, end of 2010 Manufacturing sector, which are all expected to help maintain a positive Reserve level of silver and copper in Mexico, end of 2014 business environment for the Mining 800 8.00% sector in future. 7.00% 700 700 7.00% 600 5.40% 6.00% 510 500 5.00% 400 4.00% 300 3.00% 200 2.00% 100 37 38 1.00% 0 0.00% Silver (Thousand Tonnes) Copper (Million tonnes) Mexico World Mexico’s % of global reserve 29 US Geological Survey – silver; accessed on February 3, 2016 © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
20 Mexico | Country mining guide Major mining companies in Mexico30 Key domestic players —— Industrias Bago S.A. De C.V. —— Grupo Simec S.A.B. de C.V. —— Aluminio Laminado, S.A. De C.V. —— Fresnillo PLC —— Grupo México S.A.B. de C.V. —— Industrias Nucleares Anodrac, S.A. De C.V. —— Estampados Y Electrosoldados, S.A. De C.V. —— IUSA, S.A. de C.V. —— Industrias Penoles S.A.B. DE CV —— Minera Capela S.A. de C.V. —— Manufacturas Cifunsa, S.A. De C.V. —— Minera Frisco, S.A.B. de C.V. —— Grupo Minero Mexico Internacional —— Cia. Minera El Cacho De Oro, S.A. SA de CV De C.V. —— IMSA Acero, S.A. de C.V. —— Tubos Iusa, S.A. De C.V. —— Electronica Pantera, S.A. De C.V. —— Galvak, S.A. de C.V. —— Met-Mex Penoles, S.A. De C.V. —— Quimicos Industriales PeIoles, S.A. De C.V. —— Altos Hornos de México, S.A.B. de C.V. —— Plasver De Mexico, S.A De C.V. —— Mexicana De Cobre, S.A. De C.V. —— Minera Penmont S. de R.L. de C.V. —— Deacero, S.A. de C.V. —— ArcelorMittal las Truchas S.A. de C.V. —— Industrias CH, SAB de CV 30 Methodology used for identification of mining companies: — For identifying top mining companies in Mexico, Capital IQ was accessed to generate the list of companies operating in Mexico in the following industry sectors: Aluminium; Diversified Metals and Mining; Gold; Precious Metals and Minerals and Steel and Silver — The list was filtered to exclude domestic Mexican corporations with revenue less than US$500 million (LTM February 2016) — The list of foreign companies with operations in Mexico includes companies whose ultimate parent company are headquartered outside Mexico. © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
Mexico | Country mining guide 21 Foreign companies with operations in Mexico —— Agnico Eagle Mines Ltd. —— First Quantum Minerals Ltd. —— Nystar NV —— Alamos Gold Inc. —— Formation Metals Inc. —— Pan American Silver Corp. —— Aura Minerals Inc. —— Fortuna Silver Mines Inc. —— Primero Mining Corp. —— Argonaut Gold Inc. —— Goldcorp Inc. —— Quaterra Resources Inc. —— Aurcana Corporation —— Gold Resource Corporation —— Red Tiger Mining Inc. —— Brigus Gold Corp. —— GoGold Resources Inc. —— Scorpio Mining Corp. —— Capstone Mining Corp. —— Great Panther Silver Limited —— Silver Standard Resources Inc. —— Cardero Resource Corp. —— Hecla Mining Company —— SilverCrest Mines Inc. —— Castle Resources Inc. —— IMPACT Silver Corp. —— Southern Copper Corporation —— Coeur D’Alene Mines Corporation —— Kimber Resources Inc. —— Starcore International Mines Ltd. —— Sierra Metals Inc. (formerly Dia Bras) —— Lake Shore Gold Corp. —— Sutter Gold Mining Inc. —— Elgin Mining Inc. (formerly Phoenix —— McEwen Mining —— Teck Resources Coal) —— Mercator Minerals Ltd. —— Timmins Gold Corp.` —— Endeavour Silver Corp. —— New Gold Inc. —— Torex Gold Resources Inc. —— First Majestic Silver Corp. —— Newmont Mining Inc. —— Yamana Gold Inc. © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
22 Mexico | Country mining guide Mining asset life cycle Asset Expansion Exploration Evaluation Development Production Closure Asset Expansion Exploration Evaluation Development Production Closure life cycle 1-2 years1 2-10 years1 3-6 years1 1-3 years1 10-50 years1 1-10 years1 life cycle 1-2 years1 2-10 years1 3-6 years1 1-3 years1 10-50 years1 1-10 years1 activity Levelofofactivity Commercial Commercialbegins exploitation exploitation begins Removal of overburden Commercial Removal of and overburden Commercialends Level and waste, plant exploitation and waste, and plant commissioning exploitation ends commissioning Expansion of Expansion mine of and plant Evaluate country Permit and license mine and plant Evaluate risks and country market Permit and license applications risks and market opportunities applications opportunities Preliminary Preliminary Economic Prospecting rights Economic Assessment (PEA) Construction of Prospecting Construction of Closure of application rights Assessment (PEA) infrastructure Closure application Competent infrastructure mine andofplant and plant mine and plant Search for Competent persons report and plant Design and Search for commercially persons report Design and implement commercially Ongoing implement exploitable Ongoing market exploitable resources rehabilitation market strategy resources rehabilitation strategy Bankable feasibility Bankable feasibility study (BFS) study (BFS) Pre-feasibility study Pre-feasibility study Time Source: KPMG International, 2012. Note: (1) Estimated duration of stage in the mining asset life cycle Time Source: KPMG International, 2012. Note: (1) Estimated duration of stage in the mining asset life cycle Asset life cycle (2) Reflects key activities only at each stage of the mining asset life cycle (2) Reflects key activities only at each stage of the mining asset life cycle Asset Expansion Exploration Evaluation Development Production Closure life cycle 1-2 years1 KPMG's 2-10 years 1 Asset mining life strategy 1 cycle service offerings 3-6 years 1 1-3 years 10-50 years1 1-10 years1 Asset Expansion Exploration Evaluation Development Production Closure Your mining asset life cycle – How KPMG can help life cycle 1-2 years1 2-10 years1 3-6 years1 1-3 years1 10-50 years1 1-10 years1 Strategy Your mining asset lifePerformance Growth cycle – How KPMG can help Compliance Sustainability Strategic and Transactions Projects Operational Risk and Business Strategy scenario planning Growth Performance excellence Compliance compliance Sustainability resilience Portfolio Market Project Operating model Statutory Community Strategic and management Transactions entry Projects development Operational development Riskaudit and Business investment scenario planning excellence compliance resilience Portfolio Market Project Operating model Statutory Community management Scenario entry Financing development development Cost and audit Enterprise investment Energy, water Feasibilities planning and M&A tax optimization risk management and carbon Scenario Financing Cost and Enterprise Energy, water Feasibilities planning Strategy and Tax M&A tax optimization Supply chain risk management and carbon Material Financing Internal assurance development structuring transformation stewardship Strategy Tax Supply chain Material Financing Internal assurance development People and structuring Due Tax transformation Business Forensic stewardship Mine change diligence structuring intelligence investigations Rehabilitation People and Due Tax Business Forensic Mine change diligence structuring intelligence investigations Reporting Rehabilitation Tax strategy Project Business Integration Tax compliance and tax and policy execution transformation transparency Reporting Tax strategy Project Business Integration Tax compliance and tax and policy execution transformation transparency © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
Mexico | Country mining guide 23 Further insight from KPMG An eye to the future – Adapting to change in a volatile mining industry Growth in a time of scarcity: Insights into Mining Managing transactions in the Insights into Mining kpmg.ca/mining KPMG’s mining practice is committed mining sector. to the industry and periodically publish a series of insightful articles authored NAV Multiples This release from KPMG’s Global Unique to the mining industry, NAV multiples are Welcome to the first edition of Insight into commonly observed or applied in valuations. A NAV Mining, a periodic e-newsletter focused on multiple is the multiple of the price of a mineral property topics relevant to the Mining Industry. For as implied by the company’s market capitalization or transaction amount to its net asset value (“NAV”). The NAV today’s mining companies, dealing with represents the net present value of the expected future by leading KPMG Mining professionals the complexity of the many challenges cash flows of the mineral property based on certain inputs. facing the industry has become a way A company with a NAV multiple that is greater than 1.0x is Mining Institute provide thoughtful of life. said to be trading or priced at a premium to its NAV and, conversely, one that is less than 1.0x is said to be trading or KPMG’s mining practice is committed to priced at a discount to its NAV. the industry and will periodically publish It is said that the premium relates to “optionality” and other more intangible factors including, for example, a strong a series of insightful articles authored by and advisors. The articles are management team. Also, many would say that a multiple less leading KPMG Mining professionals and than 1.0x implied by the company’s market capitalization is not advisors. If you have any questions, please insights into implementing change reasonable and thus that the mineral property is unfairly priced contact your local KPMG representative or by the market. Accordingly, many sellers of assets are very reluctant to proceed with any offers below NAV. click here for a list of KPMG’s Mining Several questions often come to mind and are asked: What are leaders across the country. the factors that can impact a NAV multiple? What is meant by “optionality”? Does a NAV multiple of less than 1.0x make any designed to inform and stimulate sense? Can a NAV multiple be analyzed? In attempting to understand NAV multiples and responding to and the benefits of transformation the questions posed above, it is first important to understand how NAV is calculated. Almost invariably, the expected future Lee Hodgkinson cash flows in a NAV calculation are based on the existing National Mining Industry mine plan and a consistent discount rate across same/similar Leader, Canada commodities. Also, a NAV calculation assumes that the through standardization, outsourcing debate amongst those involved in © 2014 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. and divesting non-performing or core the industry. Topics in recent articles assets. After several years of unprecedented layoffs in the include Incremental Innovation, Project Risk and the Role industry, talent and resource management will be critical to of the Board, Exploring Linkages between Risk & Strategy, future success. Key Questions on Risk Management and Net Asset Value (NAV) Multiples. We therefore stress the need for international operators to have an effective mobility program that allows them to move resources from where they are to where they are needed, in Mining M&A Quarterly a cost-effective and efficient manner, creating a strong, mobile Mining M&A Quarterly Newsletters Newsletter and global workforce. Our analysis of talent management Third Quarter 2015 kpmg.ca This quarterly publication provides a strategies highlights the benefits of having detailed, long-term current snapshot of the M&A market, output targets and matching resource needs accordingly. providing a review of select key transactions while focusing on the Global Metals Outlook 2015 rationale behind those deals as trends Global Metals take shape. It highlights Canadian Outlook kpmg.com/metals The past few years have been transactions, but set in the context challenging for many metals of global M&A deals and trends. organizations. Overcapacity and sagging iron ore prices have led to heightened pressure and intense competition. Not surprisingly, everyone is looking for new growth opportunities while – at the same time – remaining keenly focused on reducing costs. In this report, KPMG International provides a comprehensive overview of current trends, issues and opportunities in the global metals sector. It includes valuable benchmarks as well as forward-thinking advice and practical insights from KPMG partners, industry experts and metals leaders. © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated.
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