Ft article.13 Jun 2018 07:36
Glencore writes off $5.6bn in debt to end dispute with DRC’s state mining company
June 12, 2018 6:33 pm by Neil Hume
Glencore has agreed to write off $5.6bn of debt to safeguard a joint venture in the Democratic Republic of Congo, which is set to become the world’s biggest producer of cobalt, a key battery material.
The debt-for-equity swap announced on Tuesday evening will plug a capital shortfall at the Kamoto Copper Company and end a dispute with Gécamines, the DRC’s state-owned mining company.
Gécamines launched legal action in April to dissolve KCC and take control of its mining licenses. It claimed Glencore had failed to reduce billions of dollars of intercompany debt, reducing KCC’s ability to pay dividends.
The heavy levels of debt carried by mining companies has become a heated issue in the DRC, where the government is also seeking greater share of industry profits.
KCC is one of Glencore’s most important growth assets, expected to produce 300,000 tonnes of copper and 34,000 tonnes of cobalt in 2019.
It is 75 per cent owned by Katanga Mining, a Glencore subsidiary listed in Canada, and 25 per cent by Gécamines.
The agreement announced on Tuesday by Katanga will see KCC’s debt fall from more than $9bn to $3.45bn and the intercompany loans bear a new interest that is the lower of US six-month Libor plus 3 per cent, or 6 per cent.
As part of the deal, which is expected to be close in the next couple of weeks, Katanga has also agreed to make a one-off payment to Gécamines of $150m relating to historical commercial disputes as well as $41m to cover expenses incurred as part of an exploration programme.
Gécamines will also be freed of an obligation to repay $57m of contractor costs and to replace or provide financial compensation for mineral reserves valued at $285m.
“Glencore is pleased that this matter has now been resolved and looks forward to supporting KCC’s closer partnership with Gécamines as the parties work together to ensure that the joint venture reaches its full potential for the benefit of all stakeholders,” the company said in a statement.
The deal with Gécamines over KCC solves one of the legal problems facing Glencore in the DRC, which have piled up in recent months.
Alongside other international mining companies Glencore is fighting the government of Joseph Kabila over a new mining code that will impose higher royalties and taxes.
At the same time ex-partner in the DRC, Israeli businessman Dan Gertler, is suing the company over unpaid royalties, while a former shareholder in another of its DRC mines is seeking billions of dollars in compensation.
Glencore could face a bribery probe by the UK’s Serious Fraud Office over its ties to Mr Gertler, who was sanctioned by the US in December for“opaque and corrupt mining and oil deals,” in DRC
Unlike its peers, Glencore has invest