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BBC Wed, 25 Mar 2009 18:05:19 GMT

Mineral-rich African states have been deprived of huge sums of royalties and taxes by mining firms, a report says.

The report, by prominent development charities, blames a lack of legislative oversight and excessively generous tax concessions agreed with the firms.

It says some mining companies have also avoided paying tax through secret contracts with African governments.

The study covers South Africa, Sierra Leone, Ghana, the Democratic Republic of Congo, Malawi, Tanzania and Zambia.

Commissioned by development charities including Christian Aid and ActionAid, the Breaking the Curse report calls for reform of the institutional framework that negotiates mining concessions and monitors the royalties paid.

Even in the boom times, African nations failed to profit as much as they should have done from natural resources thanks to inadequate tax rules and lack of ability to enforce the rules that did apply, the report says.

Ghana, a top African gold producer, is losing $68m (£46.7m) annually because it is receiving low royalties, the report's authors estimate.

They believe Tanzania, the continent's third largest producer of gold, could be losing $30m (£20.6m) a year in potential revenues.

And low royalty rates could be costing South Africa, the continent's biggest gold producer, up to $359m (£246m) a year, the report says.

However, in South Africa, where the government has decided to defer royalty payments this year to help secure jobs in the mining sector, finance minister Trevor Manuel questioned the researchers' figures.

Mr Manuel said his country would lose $195m (£133.9m) in deferred royalties this year.

The report says African countries have been encouraged by agencies such as the World Bank to offer more generous terms to attract mining investment.

Essentially, the BBC's business reporter Mark Gregory says, it argues the costs of this approach have outweighed the benefits.


BLOOMBERG Fri, 20 Mar 2009
The Senate plans to vote next week on steep levies on employee bonuses after the House overwhelmingly approved a 90 percent tax on bonuses at American International Group Inc. and other companies receiving bailout funds.

The 328-93 House vote came amid a national outcry over $165 million AIG paid in bonuses last week after receiving $173 billion in bailout funds as part of the government’s efforts to stabilize credit markets. President Barack Obama said he was “stunned” by the bonuses and vowed to recoup the money. Nineteen state governments have begun probes of the AIG bonuses.

“Paying excessive bonuses to the same group of folks that helped get us into this crisis is simply unacceptable,” Senate Finance Committee Chairman Max Baucus said. “Millions of Americans continue to struggle to get by, counting their dollars, and Congress needs to do the same.”

“These people are getting away with murder,” said House Ways and Means Committee Chairman Charles Rangel of New York. “They’re getting paid for the destruction they’ve caused to our communities.”

AIG also is facing pressure from state officials, including those in New Jersey, New York and Connecticut.

New Jersey Attorney General Anne Milgram said she sent a letter to AIG Chief Executive Officer Edward Liddy demanding a list of employees in the AIG Financial Products unit who received bonuses since September. New York Attorney General Andrew Cuomo said yesterday the insurer sent him such a list to comply with a subpoena.

Attorney General Richard Blumenthal, who also issued subpoenas for information, said AIG was “categorically wrong when it claimed that Connecticut state labor law compelled” the bonus payments.

Obama said in a statement that the House measure “rightly reflects the outrage” among the public over bonuses, and said he hopes to receive a bill “that will serve as a strong signal to the executives who run these firms that such compensation will not be tolerated.”

The Senate measure, proposed by Baucus and the panel’s top Republican, Iowa Senator Charles Grassley, would also restrict the amount of income that can be deferred from tax to $1 million. Democrat Ron Wyden of Oregon and Republican Olympia Snowe of Maine also are sponsoring the measure.

While the two chambers differ in their mechanics, both pieces of legislation would target bonus pools that as recently as 2007 totaled more than $39 billion.

About $3.6 billion in Merrill Lynch & Co. bonuses wouldn’t be affected by the new legislation because they were paid before Dec. 31. Bonuses for employees at Bank of America Corp., Citigroup Inc., JPMorgan Chase & Co., Goldman Sachs Group Inc. and Morgan Stanley would be affected because they were paid after Dec. 31.

Separately yesterday, Grassley called on Fannie Mae and Freddie Mac to justify their retention bonuses while the entities were losing money. Fannie Mae awarded a total of $4.4 million in retention bonuses to four of its top six executives in 2008. Freddie will release its payments to top executives in April.

“Just as with the extravagant bonus pay at AIG, it’s important to make sure that taxpayer support isn’t enabling unreasonable compensation arrangements that would never have been possible without taxpayer assistance,” Grassley said.

“The House vote absolutely reflects public outrage,” said Barry Burden, director of graduate studies in political science at the University of Wisconsin in Madison. “It is populism at its most intense.”

House Republican Leader John Boehner of Ohio opposed that chamber’s measure, demanding to know who added language to the $787 billion economic stimulus bill last month that protected executive bonuses promised before Feb. 11. Boehner called the measure a “political charade” and said, “Why don’t we just get it all back?”

BBC Thu, 19 Mar 2009
New York State Supreme Court Justice Bernard Fried ordered Bank of America on Wednesday to disclose information about nearly $3.6 billion in bonuses Merrill Lynch paid employees just before it was acquired by the bank.

"Today's decision in the Bank of America case is a victory for taxpayers," Cuomo said in a statement. He added, "Fried's decision will now lift the shroud of secrecy surrounding the $3.6 billion in premature bonuses Merrill Lynch rushed out in early December. "

Bank of America has been allocated $45 billion in federal bailout funds and the Treasury has guaranteed to protect Bank of America against potentially billions of dollars in losses from investments Merrill Lynch made in real estate loans.

Former Merrill Lynch chief executive John Thain told investigators that Lewis was aware Merrill employees would be awarded billions of dollars in bonuses before Bank of America's takeover of Merrill became effective January 1, according to sources familiar with the investigation.

In testimony before the House Financial Services Committee on February 11, Lewis said he had little involvement in the Merrill bonus plan.

But Cuomo's staff obtained a document, negotiated between Bank of America and Merrill during their takeover negotiations, that set a cap for Merrill Lynch's bonus pool at approximately $5 billion, said sources with knowledge of the investigation.

Bank of America confirmed there was a cap set. Cuomo has accused Merrill Lynch of trying to hide lavish bonus payments.

"Merrill Lynch secretly moved up the planned date to allocate bonuses and then richly rewarded their failed executives," Cuomo wrote in a letter to House Financial Services Committee Chairman Rep. Barney Frank, D-Massachusetts.

Cuomo found Merrill paid its four top bonus recipients $121 million and doled out bonuses of $1 million or more to 696 employees, as the firm lost $15 billion in the fourth quarter. It is not clear how much each of the subpoenaed Merrill executives received in bonus payments.

"I don't want to see the taxpayers being taken advantage of. And I don't want to see the taxpayers paying performance bonuses that shouldn't be paid," Cuomo said.

Cuomo is investigating to see whether failure to disclose the bonus payments to investors violated New York's Martin Act, a powerful securities law that empowers the attorney general to bring not only civil but also criminal charges.

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 Wednesday, 17 Mar 2010 18:31:00 UTC/GMT

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