Chapter 3.—Structure of the Mineral Industry
Transcrição
Chapter 3.—Structure of the Mineral Industry
58 CHAPTER 3 STRUCTURE OF THE MINERAL INDUSTRY Mineral Industry Structure By A.C. Gurmendi1 and F.L.M. Barboza2 Since 1990, the Brazilian economy has shown signs of heading towards stability, and has been going through changes that might set the basis of a new expansionary cycle. The Government secured passage of constitutional reforms relaxing monopolies, privatizing Stateowned firms, and eliminating discrimination against foreign companies. These amendments are fundamental to attracting domestic and foreign private investment, especially in the mineral and public service sectors. Brazil’s mineral industry is quite diversified in terms of minerals produced and firms of domestic and international origin operating in the sector. Government Sector.—As part of the policy thrust, the Ministry of Mines and Energy was created in 1960 and restructured as such in 1993 (see figures 3-1 to 3-4). Within the Ministry, the Departamento Nacional da Produção Mineral (DNPM), acts as an autonomous agency for mining. The Minister of Mines and Energy has powers to authorize the granting of mining leases, and to annul or revoke them. The Director of the DNPM has been delegated powers to authorize: the temporary suspension of a mining operation; to include other mineral substances not specified in the original lease; to legalize the transfer of mining leases; to legalize, revoke, cancel or annul exploration permits; to legalize the incorporation of permits in mining companies; and to approve applications by companies to function as a mining company. 1 U.S. Geological Survey. 2 Departamento Nacional da Produção Mineral. 59 The Brazilian Geological Survey (CPRM-Companhia de Pesquisa de Recursos Minerais) was established in August 1969 to stimulate the discovery and use of mineral and water resources. CPRM is responsible for the geological surveys of the country, executing the following programs: a) basic geological surveys; b) hydrological surveys; c) mineral resources information systems; and d) underground water capture service. The most notable state-owned mining and mineral related firms are: the Companhia Vale do Rio Doce (CVRD - founded in 1942) operates the largest iron ore, gold, bauxite, and manganese mines in Minas Gerais and Pará; Petróleo Brasileiro S.A. (PETROBRÁS - formed in 1953) was granted the exclusive rights for exploration and production of petroleum and natural gas, and quickly set about to create a large-scale oil industry; and the Usina Siderúrgica de Minas Gerais S.A. (USIMINAS-established in the Rio Doce Valley, Minas Gerais in 1958) was privatized in October 1991. The USIMINAS steel mill produces heavy, hot-rolled, cold-rolled plates, and galvanized sheets for local and export markets. Since 1992, PETROBRÁS has operated five subsidiaries: (1) Petrobrás Distribuidora S.A., the petroleum products distribution company; (2) Petrobrás Química S.A., the petrochemical company; (3) Petrobrás Internacional S.A. (BRASPETRO), the foreign operating company; (4) Petrobrás Fertilizantes S.A. (PETROFÉRTIL), the agricultural fertilizer company; and (5) Petrobrás Mineração S.A. (PETROMISA), the mining company. In August 1995, the Brazilian Congress ended PETROBRÁS' monopoly for production and distribution of petroleum and natural gas. Foreign and domestic investors are allowed to participate in the country's oil and gas industries through joint ventures. CVRD produces iron ore and pellets, gold, manganese ore, aluminum and bauxite, and steel and alloys. It has been added to the list of state-owned firms to be privatized in 1997. 60 Minister Executive Secretary Legal Bureau Secretary of Internal Affairs Secretary of Mines and Metallurgy National Department of Mineral Production National Department of Mines and Metallurgy State-owned firms: CVRD SIDERAMA CPRM Minister’s Cabinet Secretary of General Administration Secretary of Energy National Department of Electrical Energy National Department of Fuels State-owned firms: ELECTROBRAS PETROBRAS Figure 3--1. Ministry of Mines and Energy, 1995 organizational chart Source: Government of Brazil National Department of Energy Development 61 Secretary of Energy National Department of Electrical Energy Electric Services Economics-Finance National Department of Fuels Statistics and Supply Policies National Department of Energy Development State-owned firms Energy Policies ELECTROBRAS Energy Information PETROBRAS Fiscalization ** Supply Technology and Energy Systems Prices Enterprise Gestation Concessions Figure 3--2. Secretary of Energy, 1995 organizational chart ** Fiscalization is most simply viewed as the “inspection” or “supervision” of companies to verify that regulations are being adhered to. No single word can be readily applied in this translation from Portuguese. In the United States, it could be viewed as a field audit to verify that policies/regulations are being followed. Source: Government of Brazil 62 Secretary of Mines and Metallurgy National Department of Mines and Metallurgy National Department of Mineral Production Mining Policies Planning and Control CVRD Metallurgical Policies Regulation SIDERAMA Enterprise Management Fiscalization ** CPRM State-owned firms Figure 3--3. Secretary of Mines and Metallurgy, 1995 organizational chart ** Fiscalization is most simply viewed as the “inspection” or “supervision” of companies to verify that regulations are being adhered to. No single word can be readily applied in this translation from Portuguese. In the United States, it could be viewed as a field audit to verify that policies/regulations are being followed. Source: Government of Brazil 63 Director Deputy Director Coordinator of Legal Affairs Coordinator of Administration Coordinator of Information Technology Director of Mineral Exploration Division of Geology and Mineral Exploration Division of Mineral Resources and Water Director of Development and Mineral Economics Division of Mineral Economics Division of Mines and Environmental Control Director of Operations Division of Authorizations and Concessions Figure 3-4. National Department of Mineral Production - DNPM, 1995 organizational chart. Source: Government of Brazil Division of Fiscalization and Standards 64 Private Sector.—The mineral industry of Brazil is very diverse in terms of the type of ore produced and the size of the companies that are active in the sector. Currently in Brazil, about 1,400 active mining firms produce about 80 minerals. Some 100 major mining corporations contributed 56% of the Brazilian Value of Mineral Production (BVMP), and 30 major companies are represented by large state-owned enterprises, domestic private firms, joint ventures between foreign, state-owned, and/or domestic private corporations, and foreign corporations. They represent about 47% of the BVMP, which was valued at $3.28 billion by the end of 1994 (see table 3-1). Brazil initiated the privatization process on October 24, 1991 when it sold 75% of the common stock in Brazil's second-largest steel mill, Usinas Siderurgicas de Minas Gerais S.A. (USIMINAS), to a variety of stockholders for $1.17 billion. Brazil has privatized all common, nonflat product mills, with the minimill sector becoming a main beneficiary. Cofavi, Excell (former Cosim), Cimetal, Usiba, and Cosinor were acquired by the Gerdau group, Brazil's largest private sector steelmaking entity. Companhia Siderúrgica de Tubarão (CST) was the second State-owned firm to be privatized. It was acquired by a consortium of Brazilian investors led by CVRD, Banco Bozano Simonsen, and Unibanco. These three partners control 65% of CST, while the remainder is controlled by the Kawasaki Steel of Japan and the Ilva group of Brazil (FINSIDER). The five major integrated steel firms, USIMINAS, Companhia Siderúrgica Nacional (CSN), CST, Companhia Siderúrgica Paulista (COSIPA), and Aços Minas Gerais S.A. (AÇOMINAS), were privatized between 1991 and 1993. Mineração Rio do Norte S.A.(MRN) is privately owned. The five major aluminum smelters, all predominantly Brazilian private sector or foreign owned, produced about 77% of the primary aluminum in 1995. 65 In 1994, the Brazilian Government issued new rules for the country's privatization program, which gave the President discretionary power to change the conditions or even stop the sales of public enterprises. The Executive submitted a bill to Congress increasing the ceiling to 100% private ownership on a case-by-case basis. The Government's direct involvement in selling State assets was increased by giving it a voice in how much cash and how much debt/swap could be used in each sale. The guidelines also prohibit the pension funds of state-owned companies from participating in future sell offs, leaving some of Brazil's most liquid players out of the game, to avoid future monopolies. More than 85% of the mineral value is concentrated in about 20 minerals including petroleum and natural gas. In 1995, the domestic private corporations contributed 53% of the Brazilian mineral production, the foreign corporations 25%, and the state-owned companies 22%, excluding petroleum and natural gas. Of the 20 largest (domestic, foreign, or joint ventures) private companies in Brazil depicted in the structure of the mineral industry of Brazil for 1995 (see table 3-2) 8 produced metals; 7, industrial minerals for construction; 3, industrial minerals; and 2 were in energy related fields. Several major holding companies operate in Brazil, such as CAEMI/CADAM (iron ore, ferroalloys, chromium, kaolin, and refractory bauxite); Votorantim (aluminum, nickel, and zinc); Muriaria Sales/Union Oil-COME (columbium or niobium); Anglo American/B. Simonsen-Morro Velho (gold and nickel); Bethelehem Steel/Antunes-ICOMI (manganese and steel); Magnesita S.A. (industrial minerals); General Mining Corporation-GENCOR (gold and aluminum); TVXGold (gold); Western Mining Corporation-WMC (gold); José Carvalho (chromium); and others play a major role in the Brazilian mineral sector. Also, active companies in the country include 162 cement and limestone mining producers operating 247 limestone quarries, and 34 iron ore companies operating 80 mines. 66 Small and Medium Mines.—The small- and medium-mining companies (SMMC) include everything from prospectors that hold one or a few leases to well organized holding companies that specialize in the operation of small mines or in the recovery of small high-grade deposits and materials left from older, larger scale mining operations. According to DNPM, about 500 smalland medium-mining companies operate about 8,000 separate facilities. There are 1,096 small mines, representing 57% of all Brazilian mines. DNPM considers a small mine as one whose annual production does not exceed 50,000 metric tons (mt) of ore. SMMC employs 24% of the labor force in the mining sector. The leading segment, building materials, is represented by 52% of all SMMCs, with additional 36% of industrial minerals and 7% of ferrous and nonferrous metal mines. 67 Table 3-1.—Major active corporations in the Brazilian mining industry in 1994 (US$3.28 billion = 47.04% Brazilian Value of Mineral Production - BVMP) State-owned Corp. Mineral CVRD Fe, Al, Au Caraiba Copper CRM Coal TOTAL Domestic private capital % BVMP Corp. Mineral 16.05 MBR 1.23 0.53 % BVMP Corp. Mineral % BVMP Fe 4.04 MRN Bauxite Fosfertil* Phosphate 1.48 Samitri CSN* Fe, Mn 1,31 Taboca Tin Magnesita* Foreign capital Corp. Mineral 3.20 Ferteco Fe 1.65 Fe 1.33 M.Velho Au 1.00 Samarco Fe 1.32 Paracatu Au 0.91 1.29 SAMA* Asbestos 1.06 COMM. Cb or Nb 0.66 Indust. min. 1.08 S. Geral Fe 0.85 S. Grande Au 0.65 M. Metais Zinc 0.77 S. Bento Au 0.65 ICOMI Mn, Cr 0.76 Itaminas Fe 0.70 Jacurici* Cr, Mn 0.66 Copelmi Coal 0.63 CADAM Kaolin 0.61 Arafertil* Phosphate 0.54 Ni. Tocant. Nickel 0.53 CBA* Bauxite 0.53 Novo Astro Au, Ag 0.52 Socoimex Fe 0.50 TOTAL 15.95 TOTAL 5.52 17.81 Source: Brasil Mineral, 1994, no 119. Foreign & State-owned or domestic private capital * Industrial Corporations. TOTAL 7.76 % BVMP 68 Table 3-2.—Brazil: Structure of the mineral industry for 1995 (Thousand metric tons unless otherwise specified) Commodity Aluminum Major operating companies and major equity owners Location of main facilities Annual capacity Albras-Aluminio Brasileiro, S.A. (ALBRAS) [Government, 26%; private, 25%; Nippon Amazon Aluminum Co. (NAAC), 49%] Belém, Pará State (smelter) 160 (metal). Do. Alcan Aluminio do Brasil, S.A. (Alcan Aluminum Ltd., 100%) Saramenha, Minas Gerais State (refinery) 150 (alumina). Do. Alcan Aluminio Poços de Caldas (ALUCALDAS) (Alcan Aluminio do Brasil, S.A., 100%) Poços de Caldas, Minas Gerais State (mine) 1,000 (bauxite). Do. Alcoa Aluminio, S.A. (ALUMAR)(Aluminum Co. of America, 60%; Billiton International Metals B.V., 40%) Poços de Caldas, Minas Gerais State (mine) São Luís, Maranhão State (refinery) (smelter) 400 (bauxite). 550 (alumina). 174 (metal). Do. Aluminio do Brasil Nordeste, S.A. (Alcan Aluminum Ltd., 100%) Aratu, Bahía State (smelter) 58 (metal). Do. Billiton Metais, S.A. (Billiton International Metals B.V., 100%) São Luís, Maranhão State (refinery) 375 (refinery). Do. Compahnia Brasileira de Aluminio (CBA) (private, 100%) Poços de Caldas, Minas Gerais State (mine) 1,000 (bauxite). Sorocaba, São Paulo State (refinery) (smelter) 170 (alumina). 170 (metal). Poços de Caldas, Minas Gerais State (refinery) (smelter) 275 (alumina). 90 (metal). Do. Do. do. Compahnia Geral do Minas (private, 21%; Aluminum Co. of America, 79%) 69 Table 3-2.—Brazil: Structure of the mineral industry for 1995 (Thousand metric tons unless otherwise specified) Commodity Aluminum—Continued: Major operating companies and major equity owners Location of main facilities Annual capacity Mineração Rio do Norte, S.A.(MRN) (Government, 24%; private, 32%; Alcan Empreendimentos Ltda., 24%; Billiton International Metals B.V., 10%; Norsk Hydro Comercio e Indústria, 5%; Reynolds Aluminio do Brasil, 5%) Oriximina, Pará State (mine) 8,000 (bauxite). Vale do Sul Aluminio, S.A. (Government, 27%; private, 25%; Shell do Brasil, S.A., 44%; Reynolds Metals Co., 4%) Santa Cruz, Rio de Janeiro State (smelter) 86 (metal). Coitezeirio Mineração, S.A. (COMISA) (private, 75.4%; Bayer do Brasil, S.A., 24.6%) Campo Formosa, Bahía State (mine) 50 (ore). Companhia de Ferro Ligas da Bahía (FERBASA) (private, 100%) Campo Formoso, Bahía State (mine) (beneficiation plant) 370 (ore). 292 (concentrate). Companhia Brasileira de Metalurgia e Mineração (COMM.) (private, 55%; Molycorp, Inc., 45%) Araxa, Minas Gerais State (mine) (beneficiation plant) 1,200 (ore). 44. Mineração Catalão de Goiás Ltda. (private, 68.5%; Anglo American Corp. do Brasil, 31.5%) Ouvidor, Goiás State (mine) 500 (ore). Copper Companhia Brasileira do Cobre (CBC) (private, 100%) Cacapava do Sul, Rio Grande do Sul State (mine) (beneficiation plant) 1,000 (ore). 1,800 (concentrate). Do. Mineração Caraiba Ltda. (Government, 100%) Jaquarari, Bahía State (mine) (beneficiation plant) 3,000 (ore). 5,700 (concentrate). Do. Chromite Do. Columbium Do. 70 Table 3-2.—Brazil: Structure of the mineral industry for 1995 (Thousand metric tons unless otherwise specified) Commodity Major operating companies and major equity owners Ferroalloys Location of main facilities Annual capacity Companhia Brasileira Carbureto de Calcio (CBCC) (private, 100%) Santos Dumont, Minas Gerais State (plant) 54. Do. Companhia Ferro Ligas de Bahía, S.A. (FERBASA) (private, 100%) Pojuca, Bahía State (plant) 194. Do. Companhia Ferro-Ligas Minas Gerais (MINASLIGAS) (private, 100%) Pirapora, Minas Gerais State (plant) 58. Do. Companhia Paulista de Ferro-Ligas (private, 100%) Barbacena, Caxambu, Jeceaba, Passa Quatro and Passa Vinte, Minas Gerais State; Corumbá, Mato Grosso do Sul State; and Xanxere, Santa Catarina State (seven plants) 326. Do. Italmagnesio, S.A. Indústria e Comercio (private, 100%) Bragança Paulista, São Paulo State; and Varzeada Palma, Minas Gerais State (two plants) 63. Companhia de Mineração e Participações (CMP) (private, 100%) Lourenço, Amapá State (mine) Currais Novos, Rio Grande do Norte (mine) Gold kilograms 300. Do. do. Mineração Morro Velho, S.A. (private, 50%; Anglo American Corp. do Brasil, 50%) Novo Lima, Raposos, and Sabara , Minas Gerais State; and Jacobina, Bahía State (four mines) 2,000. Do. do. São Bento Mineração, S.A. (Gencor Indústria e Comercio Ltda., 49%; Amcor, S.A., 29.4%; Amcor Metais Ltda, 21.6%) Santa Barbara, Minas Gerais State (mine) 500. Companhia Vale do Rio Doce (CVRD) (Government, 51%; private, 49%) Serra dos Carajás, Pará State; and Itabira, Ouro Preto, and Santa Barbara, Minas Gerais State (four mines) 91,000. Iron ore 71 Table 3-2.—Brazil: Structure of the mineral industry for 1995 (Thousand metric tons unless otherwise specified) Commodity Iron ore—Continued Major operating companies and major equity owners Location of main facilities Annual capacity Ferteco Mineração, S.A. (Ferteco) (Exploration und Bergbau Gmbh, 100%) Ouro Preto and Brumadinho, Minas Gerais State (two mines) 12,800. Do. Minerações Brasileiras Reunidas (MBR) (private, 85.3%; Mitsui e Co. Ltd., 14.7%) Novo Lima and Itibirito, Minas Gerais State (two mines) 31,500. Do. Samarco Mineração, S.A. (SAMARCO) (private, 51%; Broken Hill Properties Ltd., 49%) Mariana, and Alegria Mines, Minas Gerais State, Anchieta Mine, Espírito Santo State 11,700. Do. S.A. Mineração da Trindade (SAMITRI) (private, 100%) Mariana, Rio Piracicaba, Itabira, Ouro Preto and Sabara; Minas Gerais State (five mines) 9,300. Lead Mineração Boquira, S.A. (private, 100%) Boquira, Bahía State (mine) (Beneficiation plant) 300 (ore). 310 (concentrate). Manganese Companhia Vale do Rio Doce (CVRD) (Government, 51%; private, 49%) Corumbá, Minas Gerais State (mine) Serra dos Carajás, Pará State (Beneficiation plant) 500 (ore). 1,000 (concentrate). Indústria e Comercio de Minerios, S.A. (ICOMI) (private, 100%) Macapá and Mazagão, Amapá State (two mines) (Beneficiation plant) 1,500 (ore). 800 (concentrate). Nickel Companhia Niquel Tocantins (private, 100%) Niquelandia, Goiás State (mine) 150 (ore). Steel Aço Minas Gerais, S.A. (AÇOMINAS) (private, 100%) Rodovia, Minas Gerais State 2,000. Do. Companhia Siderúrgia Nacional (CSN) (private, 100%) Volta Redonda, Rio de Janeiro State 4,600. Do. 72 Table 3-2.—Brazil: Structure of the mineral industry for 1995 (Thousand metric tons unless otherwise specified) Commodity Steel—Continued Major operating companies and major equity owners Location of main facilities Annual capacity Companhia Siderúrgica Paulista (COSIPA) (private, 100%) Cubatão, São Paulo State 3,900. Do. Companhia Siderúrgica de Tubarão (CST) (Other, 74%; Kawasaki Steel Corp.,13% Societa Finanziaria Siderúrgia-Finsider, 13%) Serra, Espírito Santo State 3,000. Do. Usinas Siderúrgicas de Minas Gerais, S.A.(USIMINAS) (Others, 86%; Nippon Usiminas, 14%) Ipatinga, Minas Gerais State 4,400. Do. Companhia Aços Especiais Itabira (AÇESITA) (Government, 90.9%; private, 9.1%) Timoteo, Minas Gerais State (stainless steel plant) 600. Do. Companhia Siderúrgica Belgo - Mineira (private, 100%) João Monlevade, Minas Gerais State 1,000. Mineração Jacundá Ltda (private, 100%) Santa Barbara, Novo Mundo, and Potosí; Rondônia State (six mines) (three beneficiation plants) 108 (ore). 450 (concentrate). Paranapanema, S.A. Mineração, Indústria e Construção (private, 100%) Aripuana, Mato Grosso State; Ariquemes, Rondônia State; Novo Aripuana and Presidente Figueiredo, Amazonas State; and São Felix do Xingu, Pará State (five mines) (two beneficiation plants) Piraporada Bom Jesús, São Paulo State (refinery) Tin Do. Titanium Rutilo e Ilmenita do Brasil, S.A. (RIB) (private, 100%) Mataraca, Paraíba State (mine) (two beneficiation plants) 5,420 (ore). 1,400 (concentrate). 25 (metal). 4,200 (ore). 120 (concentrate). 73 Table 3-2.—Brazil: Structure of the mineral industry for 1995 (Thousand metric tons unless otherwise specified) Commodity Zinc Do. Do. Zirconium Major operating companies and major equity owners Companhia Minera de Metais (CMM) (private, 100%) Location of main facilities Annual capacity Vazante, Minas Gerais State (mine) (beneficiation plant) 800 (ore). 48 (concentrate). Tres Marias, Minas Gerais State (refinery) 72 (metal). Mineração Areiense, S.A.-MASA (MASA) (private, 100%) Vazante, Minas Gerais State (mine) 400 (ore). Nuclemon Minero-Química Ltda. (Government, 100%) São João da Barra, Rio de Janeiro State (mine) 660 (ore). do. Do. do. Itapemirim, Espírito Santo State (mine) 90 (ore). Do. do. Prado, Bahía State (mine) (three beneficiation plants) (three separation plants) 90 (ore). 123 (concentrate). 90 (concentrate). Asbestos SAMA-Sociedade Anonima Mineração de Amianto (SAMA) (private, 100%) Minacu, Goiás State (mine) (beneficiation plant) 9,000 (ore). 230 (concentrate). Cement Cimento Santa Rita, S.A. (private, 100%) Itapevi, São Paulo State (plant) Salto de Pirapora, São Paulo State (plant) 1,000. 1,200. Do. Companhia Cimento Portland Itau (private, 100%) Itau de Minas, Minas Gerais State (three plants) 2,400. Do. Companhia de Cimento Portland Paraiso (private, 100%) States of Espírito Santo, Goiás, Minas Gerais and Rio de Janeiro (five plants) 4,000. Do. Companhia de Cimento Portland Rio Branco (private, 100%) Rio Branco do Sul, Paraná State (two plants) 5,000. 74 Table 3-2.—Brazil: Structure of the mineral industry for 1995 (Thousand metric tons unless otherwise specified) Commodity Major operating companies and major equity owners Location of main facilities Annual capacity Diamond Mineração Tejucana, S.A. (private, 100%) Diamantina, Minas Gerais State (mine) 100. Fluorspar Mineração Nossa Senhora do Carmo Ltda. (private, 100%) Morro da Fumaça and Pedras Grandes, Santa Catarina State (four mines) (two beneficiation plants) 180 (ore). 220 (concentrate). Do. Mineração Santa Catarina Ltda. (private, 100%) Morro da Fumaça and Pedras Grandes, Santa Catarina State (four mines) (beneficiation plant) 100 (ore). 120 (concentrate). Do. Nacional de Grafite Ltda. (private, 100%) Itapecerica and Pedra Azul, Minas Gerais State (three mines) (two beneficiation plants) 840 (ore). 720 (concentrate). CBE-Companhia Brasileira de Equipamento (CBE) (private, 100%) Codo, Maranhão State and Ipubi, Pernambuco State (two mines) 100. Companhia de Cimento Portland Paraiso (private, 100%) Ipubi, Pernambuco State (mine) 50. Caulim da Amazonia, S.A. (CADAM) (private, 100%) Mazagão, Amapá State (mine) (beneficiation plant) 720 (ore). 360 (concentrate). Empresa de Mineração Horii Ltda. (Horii) (private, 100%) Biritiba and Mogi das Cruzes, São Paulo State (two mines) (two beneficiation plants) 200 (ore). 180 (concentrate). Companhia de Cimento Portland Paraiso (private, 100%) States of Goiás, Minas Gerais, and Rio de Janeiro (five mines) 2,000. Companhia de Cimento Portland Rio Branco (private, 100%) Rio Branco do Sul, Paraná State (three mines) 5,500. Gypsum Do. Kaolin Do. Limestone Do. 75 Table 3-2.—Brazil: Structure of the mineral industry for 1995 (Thousand metric tons unless otherwise specified) Commodity Major operating companies and major equity owners Location of main facilities Annual capacity Limestone—Continued S.A. Indústrias Votorantim (private, 100%) States of Rio de Janeiro, and São Paulo (four mines) 1,000. Magnesite Magnesita, S.A. (private, 100%) Brumado, Bahía State-(one major mine and numerous small mines) (two beneficiation plants) 770 (ore). 820 (concentrate). Phosphate rock Arafertil, S.A. (ARAFERTIL) (Government, 33.33%; private 66.67%). Araxa, Minas Gerais State (mine) 5,000. Do. Copebras, S.A.(Copebras) (private, 90.55%; Anglo American Corp. do Brasil, 9.45%) Ouvidor, Goiás State (mine) 4,400. Do. Fertilizantes Fosfatados, S.A. (FOSFERTIL) (private, 100%) Tapira, Minas Gerais State (two mines) 10,500. Serrana, S.A. de Mineração (Serrana) (private, 100%) Jacupiranga, São Paulo State (mine) 6,000. Mineração e Química do Nordeste, S.A. (Dow Produtos Químicos Ltda., 100%) Vera Cruz, Bahía State (mine) 1,000. Carbonífera Criciuma, S.A. (private, 100%) Circiuma and Sideropolis, Santa Catarina State (two mines) 4,000. Do. Companhia Carbonífera de Urussanga (CCU) (private, 100%) Criciuma, Sideropolis, and Urussanga; Santa Catarina State (three mines) 7,200. Do. Companhia de Pesquisas e Lavras Minerais-Copelmi (COPELMI) (private, 100%) Arroio dos Ratos, Butia, and Charqueadas; Rio Grande do Sul State (four mines) 5,700. Salt (rock) Do. Coal 76 Table 3-2.—Brazil: Structure of the mineral industry for 1995 (Thousand metric tons unless otherwise specified) Commodity Petroleum Major operating companies and major equity owners thousand 42-gallon barrels Petroleum products do. Petroleo Brasileiro, S.A. (PETROBRAS) (Government, 81.4%; private, 11.8%; public, 6.8%) do. Location of main facilities Annual capacity 99 fields in the States of Alagoas, Amazonas, Bahía, Ceará, Espírito Santo, Rio de Janeiro, Rio Grande do Norte, Pará, Maranhão, and Sergipe States 220,000. 11 refineries in the States of Amazonas, Bahía, Ceará, Minas Gerais, Paraná, Rio de Janeiro, Rio Grande do Sul, and São Paulo 503,000. Do. do. Refinaria de Petroleo Ipiranga, S.A. (private, 100%) Ipiranga, Rio Grande do Sul 3,400. Do. do. Refinaria de Petroleos de Manguinhos, S.A. (private, 100%) Manquinhos, Rio de Janeiro State 3,650. 77 Mining in Urban Areas.—The procedure for registering mining claims in urban areas is becoming more restrictive because of the environmental impact to which a particular area is subjected. However, a company registered with DNPM, under the 1967 mining code, may claim available areas by submitting a "Pedido de Pesquisa" or claim application for a particular mineral. A claim normally covers an area of 1,000 hectares in most of Brazil, but may cover 10,000 hectares north of the 11 degree latitude in the Amazon region, and in the urban areas may cover an area granted on a case-by-case basis. A company may file up to five claims for a single mineral. Inasmuch as there are 9 classes of minerals and a company may claim up to 10 minerals in each class, a total of 50 claims may be filed for each given class. Some of the larger corporations set up dummy companies in order to acquire additional claims. The result has been a very large number of interrelated mining companies being registered with DNPM. For instance, in Rondônia about 2,000 tin exploration licenses and 40 mining concessions are held by 120 operating companies. However, most of the 120 companies are controlled by 5 holding companies. In any available area, if the exploration effort is successful, the holder of the Exploration Permit has one year in which to request a Mining Lease for exploitation. If the lease application, "Decreto de Lavra," is approved by DNPM, the document is signed by the President of the Republic. Following approval of a mining lease, it is published in the Official Gazette ("Diario Oficial") and the company then has 6 months to commence mining operations. This process in urban areas becomes more difficult and complicated. Urban mining is dedicated mostly to produce construction materials. More than 70% of the Brazilian population lives in urban areas, which exerts a tremendous constraint on the demand for materials for civil construction, especially in the largest cities. The mining of materials for immediate consumption in construction frequently encounters land-use conflicts. Owing to the industrial mineral's low intrinsic unit value, the distance to be 78 transported may leave a limited profit margin, presenting a dilemma for expanding urban areas. Although the 1967 mining code removed clauses giving priority to surface landowners in the case of industrial minerals destined for urban use, the provisions were reversed in 1978 to reconcile the interests of all affected parties. Licenses were issued to mine clay, sand, and gravel by the respective city governments. DNPM provides advice to Government housing authorities, in mineral related projects, for sanitation, transportation networks, and other urbanization factors. The agency strives to assist mining operations to become more compatible with other land uses within the urban fabric, assuring that new mining operations do not erode the quality of life in the surrounding metropolitan areas. DNPM is especially vigilant in assisting to keep the adverse environmental impact of urban mining operations to an absolute minimum. As a result of DNPM's urban policy, planning directors were assigned to the São Paulo, Rio de Janeiro, Belo Horizonte, Salvador, and Recife metropolitan areas, where mineral supply problems were most pressing. These directors are responsible for establishing zoning regulations for urban mining activities. To establish a crushed-stone or limestone-mining operation requires sizable investments for medium to large outputs. In contrast, sand and clay operations tend to be smaller enterprises, many of them operated in a clandestine manner. Some of these smaller operators failed to respect environmental regulations, clearing forests along river margins, exploiting river beds carelessly, and neglecting to restore areas degraded by their operations. Regulation of these smaller mining operations has been problematic owing to their large numbers and wide distribution, demanding vigorous efforts on the part of DNPM, local city governments, and environmental agencies. From 1987 to 1991, mining projects, alone, accounted for 61.4% of all environmental impact evaluations undertaken by the State. The rest of DNPM's studies involved urban projects related to sewer treatment, solid waste disposal, agriculture, transportation, and energy. It is clear that 79 the environmental regulation of the mining industry does not involve the magnitude of those activities. Mining in the urban areas is more heavily regulated. Garimpos/Garimpeiros.—The first prospecting activity in Brazil coincided with the discovery of gold and diamonds in the State of Minas Gerais in the 18th century. The prospecting was mostly restricted to alluvial deposits for gold, cassiterite, and diamonds and gems. Currently, there are about 2,000 active prospecting activities in the Brazilian Amazon, where the land is mostly public domain. Prospecting and mining activities are carried out by hydraulic extraction, 50%; milling, 17%; panning, 17%; and dredging, 16%. The informal sector miners, called Garimpeiros, often work with scant regard for the Brazilian mining legislation. However, they are important producers of gold, tin, precious and semi-precious stones, and mica (in order of importance). This informal mining sector of Brazil is represented by about 500,000 to 1,000,000 people. The Garimpeiros mostly produce (in order of importance) gold, gemstones, and tin valued at $1.0-1.5 billion per year. The closure of the largest garimpo mine, the Bom Futuro tin mine in the State of Rondônia, to protect the Yanomami Indians, may have reduced the number of garimpeiros marginally. The 1988 Brazilian Constitution has established the "Garimpo(s)" individual or collective mining unit(s), which are organized in cooperatives and receive State support. They have priority in the granting of mineral rights in areas where Garimpos were active and/or in new areas designated by the DNPM. Tax evasion, smuggling of gemstones, gold, and tin, and illegal labor practices by Garimpeiros have been minimized by transferring taxation from the Federal Government to the states. Gold is considered a financial asset by the states, and to promote gold production by Garimpeiros, taxation has been reduced from 17% to 1%. The tax reduction, use of real exchange rate, fair market value, and no royalty payment have reduced gold smuggling to significantly low levels in the last three years. Garimpeiro’s activities must be carried out in 80 conformance with the requirements of DNPM, and only after their environmental impact statement and application has been approved by the Brazilian Environmental Institute (IBAMA). These requirements are to prevent repetition of past mercury pollution, particularly in the Amazon region. Currently, Garimpos are seeking a policy similar to that of gold for their gemstones. Garimpos must report mineral production and commercialization annually to DNPM no later than March 15 of the following year. Any damage to third parties resulting directly or indirectly from Garimpos' activities must be accounted for. Noncompliance with these directives may result in fines or cancellation of their Mining Permit. Also, mining minerals without official license is considered a crime, and subject to fines or imprisonment. In addition, Garimpos' production and equipment may be confiscated and sold at public auction, with the proceeds being deposited in the Fundo Nacional de Mineração (FNM-National Mining Fund). The Border Zones, adjacent to other countries, are subject to terms established by Article 91, Clause III of the 1988 Constitution. It stipulates that the National Defense Council proposes the conditions regarding the use of areas considered to be "indispensable to the security of the national territory, and to give an opinion regarding their effective use," particularly the border strips and areas related to the preservation and production of natural resources of any type. Garimpos do not necessarily have access to Border Zones. Role of the Foreign Mining Companies.—Foreign corporations, from the United States, Canada, Europe, and Japan, have played an effective role in the development of the Brazilian minerals sector, having contributed to the exploration and development of Brazil's mining industry. Foreign investment was always welcomed in Brazil, an attractive and reliable country in which to invest, particularly in the mining sector. The Brazilian Constitution promulgated in 1988, however, played a negative role by restricting foreign capital to a maximum of 49% ownership of equity. 81 Prior to the 1988 Constitution, equity in the hands of foreign investors evolved to joint ventures, with domestic capital participation, which contributed to 33% of iron ore, 90% of bauxite, 76% of aluminum, 83% of gold, 68% of nickel, and 100% of asbestos and columbium (niobium) production. The respective degree of participation of foreign and domestic capital varied proportionately with each project and mineral commodity produced (table 3-1). Foreign companies were allowed by the Constitution of 1988 to operate in Brazil if they would nationalize or "verticalize" their operations until October 1992. The majority of them opted for joint ventures with Brazilian investors. However, some exploration projects were canceled or postponed. Since 1990, the Brazilian mining sector has experienced a reduced scenario. Capital for exploration decreased from an historical annual average level of about $160 million for the 1980's to about $40 million. Investments for development of new mines and expansions, in the same period, dropped from an annual average of $600 million to $400 million, representing a 33% reduction. The sources of risk capital in mining are: state-owned, domestic private, and foreign investments. The annual average investments for the period 1981-89 were: state-owned sources amounting to $48 million per year, or 30%; domestic Brazilian capital accounting for $52 million per year, or 32%; and foreign sources amounting to $61 million, or 38%. After 1990, sources of risk capital changed dramatically, both in terms of dollar value and composition. The state-owned investments represented 68%, or $32 million per year; the Brazilian private sector contributed 26%, or $12 million per year; and contributions of foreign investment amounted to $3 million per year, or 6%. Foreign investors departed from the mineral scene because of, in each case, some combination of the following factors: recession; high inflation rates; an unbearable tax system; restriction on foreign capital, enforced minority participation; and international competitiveness in 82 the attraction of risk capital, particularly in Argentina, Chile, China, Peru, and Mexico, where better environments were offered for foreign investment. In October 1994, a new Administration was elected and three-fifths of the members of the elected Brazilian Congress was expected to support the Government's economic plan for stabilization (Plano Real) based on strict control of the domestic deficit, issuance of the new currency as of July 1, 1994, stable foreign exchange rates, and renegotiation of Brazil's foreign debt on favorable terms. During 1995, the Government continued to utilize monetary policy and high interest rates (29% for 1995) with the objective of curbing inflation from the current 22% per year to 15%, preventing price explosion and indicating, in part, a successful “Plano Real.” The Brazilian Government’s stabilization plan introduced in mid-1994 succeeded in restraining Brazil’s chronic high inflation (5,000% for 1993). In 1995, the Brazilian Congress approved constitutional amendments allowing the participation of the private sector, equal treatment of domestic and foreign investors, via privatization, joint ventures, and deregulating investment in the sectors of mining, petroleum exploration, natural gas distribution, coastal and river shipping, and telecommunications. Other measures were undertaken by the Brazilian Government: the maximum Brazilian tariff was set at 20% (the commonly applied tariff is 14%), compared to 42% in 1993; the elimination of red tape affecting trade; an Industrial Products Tax, a Federal tax levied on most domestic and imported products, was set between 0% and 15%; and the allowance of 100% of equity ownership through privatization and expatriation of profits. These actions were taken to create a favorable and positive environment to attract both domestic and foreign investments. Brazil is enjoying a boom in domestic and foreign investments, which increased from $17.7 billion in 1992, to $32.6 in 1993 and $28 billion in 1995, and Brazilian stock markets, in 83 Rio and São Paulo, absorbed more than $12 and $15 billion in foreign investment in 1994 and 1995, respectively. Since the opening of the service sector, Brazil is attracting direct foreign investment which is expected to be sustainable during the decade. According to preliminary data released by the Central Bank of Brasil (CBB), in late September 1996, net direct foreign investment from January to August totaled $5.4 billion, 237% higher than the $1.6 billion in the same period of 1995. The Planning Ministry of the Presidency is predicting that total direct foreign investment will reach $7 billion in 1996 and about $10.5 billion in 1997. In August 1995, the 1988 Constitution was reviewed by both houses of Congress, changing the State's monopoly powers by allowing the private sector to generate electricity and to build and operate highways; privatize the state-owned mining giant, CVRD; end the monopoly held by PETROBRÁS in the country's petroleum and natural gas industries; and approve the concept of what constitutes a Brazilian corporation. The latter should benefit Brazilian companies with foreign shareholders, which means that they will be considered Brazilian when they are managed or have their headquarters in Brazil. Previously, only Brazilian firms were allow to exploit the country's minerals endowment or to operate hydroelectric power stations. Privatization and joint ventures could be the sources for future investments in mining, which were estimated by the "Plano Plurianual" of the new Administration to be $35 billion by 2010, of which $4 billion would be dedicated to exploration and $31 billion for production. The country's mining industry is enjoying a boom in foreign investment in exploration and mine development, particularly in gold. According to CBB, during 1990-94, Brazil received an annual average of just $40 million in mining investments. Since late 1995, foreign mining companies investments amounted to $2.5 billion. The DNPM estimated that gold production from existing undeveloped reserves would require at least $1.3 billion. The Government's 84 aggressive economic policies, Brazil's diversified minerals endowment, and skilled labor base stimulated a return of the major international mining corporations to Brazil. Several of them, which fled Brazil after the promulgation of the Constitution of 1988, began acquiring exploration properties and mining prospects, particularly for gold. Currently, corporations active in Brazil include: Barrick Gold, Anglo-American, BHP, RTZ, INCO, TVX, Western Mining Company, Newmont, Placer Dome, and GENCOR. A strong consensus existed in Brazil for fiscal reform and for restrictions on investment to be reversed. The Brazilian minerals sector, and the country as a whole, are benefitting by reversing domestic capital flight and attracting foreign investment.