Written by 15 h 55 min Environment and Climate, Strategic litigation

Procedures & Milestones : Moppani Copper Mines – Zambia

12 April 2011: Sherpa (France), the Centre for Trade Policy and Development (CTPD) (Zambia), the Declaration of Berne (DdB) (Switzerland), l’Entraide missionnaire (Canada) and Mining Watch Canada filed a complaint against the companies Glencore International AG and First Quantum Minerals Ltd to the Swiss and Canadian national contact points (NCPs) for breach of the OECD Guidelines for Multinational Enterprises.

13 May 2011: Meeting with the Swiss NCP, which had taken the lead in dealing with the Mopani case. Meetings would take place in Bern, Switzerland, if the mediation was open.

6 June 2011: The Zambian government announced that it wished to reclaim its unpaid taxes in Zambia from the Swiss multinational.

13 July 2011: The Swiss NCP sent us parts of a reply provided by Glencore. The documents in question did not specifically relate to the process before the NCP but contested the regularity of the audit.

12 August 2011: The Swiss NCP sent us a preliminary version of their initial assessment which concluded that the complaint was receivable.

26 August 2011: Sherpa and the Declaration of Berne (DdB) sent their comments to the NCP.

November–December 2011: A number of exchanges and contacts took place between the Zambian authorities, the DdB, Sherpa, the CTPD and the Swiss NCP in order to bring the parties together, but Glencore was not prepared to participate while the investigation by the Zambian authorities was still ongoing.

13 April 2012: The NCP sent a letter to Glencore encouraging it to participate in the process and affirming its willingness to draw its conclusions quickly.

24 April 2012: Before the International Development Committee of the UK Parliament, Tim Scott, the officer in charge of tax affairs at Glencore, denied the claim by the CTPD that the company had refused to cooperate with the process before the Swiss NCP. He claimed that Glencore had responded to various allegations before the NCP, that the NCP was fully satisfied with the replies provided, and that there was thus no case in progress. He added that Glencore was entirely prepared to meet with NGOs.

15 May 2012: The NCP refused to refute the claims made before the International Development Committee, but indicated that Glencore had declared that it was ready to cooperate in a letter received by the NCP on 7 May.

11 July 2012: Meeting in Berne, in the presence of a mediator, with three Glencore representatives and a tax expert from Deloitte.

28 November 2012: The NCP published its final communication, after the parties had accepted the confidential agreements stemming from the mediation.

Last modified: 18 December 2019
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