When buying mines overseas, don't fall for these “foreign 36 stratagems.”
Release time:
2016-08-02
Source:
2016-07-19 Sunshine Chuangyi Language Translation
Chinese enterprises encounter a variety of intricate and complex situations when acquiring overseas mining assets. Due to factors such as unfamiliarity with international mining regulations, weak capabilities in developing international markets, lack of experience in international cooperation, and discriminatory practices and barriers imposed by foreign governments, the performance of Chinese companies in “going global” for exploration and development has yet to satisfy domestic expectations.
Besides their own lack of experience, Chinese enterprises often encounter “ten traps” set by foreign sellers during overseas investments. As our ancestors taught us, “Know yourself and know your enemy, and you will never be defeated in a hundred battles.” Therefore, in such circumstances, the more thoroughly Chinese enterprises understand the “rules of the game,” the better they’ll be able to guard against risks.
Here's what I'm going to share with everyone. 6 The “stance” of responding to each move as it comes:
Technique One: Not exerting one’s own effort, but relying on others—using another’s knife to kill.
“Using others’ knives to kill” is a cunning strategy that leverages the strengths and contradictions of others in order to preserve one’s own strength. This tactic is a standard tool frequently employed by overseas sellers; it often lurks hidden within contracts, appearing perfectly reasonable yet highly deceptive.
Some overseas sellers who hold significant resources often seize opportune moments to tout the minerals they have on hand. Yet behind these enticing offers lie numerous uncertain risks. For instance, when signing contracts, sellers frequently enjoy a degree of initiative in choosing terms such as exchange-rate subsidies and methods for calculating mineral prices. Although these clauses may appear to follow so-called international pricing conventions—seeming fair and just—realistically, Chinese companies’ profits could end up being undermined as a result.
Foreign sellers set prices based on key indicators such as the Platts Index. While this floating pricing mechanism appears quite fair on the surface, the issue of “easy to rise but hard to fall” is strikingly evident. Through the hidden hand of index-based pricing, overseas sellers cleverly exploit the guise of “international practice,” gradually scaling up their operations and achieving maximum profits with minimal investment.
Moreover, the sample data used for index pricing are not publicly transparent and are subject to certain human influences. Quarterly pricing is also conducted in their own unique manner, so the resulting figures inevitably contain some distortions and irrationalities.
Technique Two: Building a Dam to Separate, Then Reaping the Benefits—Watching the Fire from Across the River
Watching a fire from the opposite bank is a strategy of standing by idly when others are in distress, waiting for them to perish on their own.
When making overseas investments in mineral resources, Chinese buyers often suffer hidden losses due to their lack of familiarity with local laws and regulations. At such times, overseas sellers can effortlessly reap the benefits without lifting a finger.
Ecuador was once very welcoming to foreign companies investing in its oil and mineral resources; however, the “windfall tax” imposed by the government has significantly slashed foreign firms’ profits. A similar issue also exists in Zimbabwe, where the country has passed— BEE The bill, known as the Black Economic Empowerment Act. Under this act, corporate boards of directors must include Black shareholders who hold approximately— 25% Right, but Black shareholders don't have to contribute a single penny—they simply pocket the dividends. The reason for this lies in Africa's long history of colonial rule, during which Black people endured immense suffering. The government established... BEE The law provides certain compensation to Black people.
Chinese companies have suffered considerable “hidden losses” in this regard. Previously, a major domestic steel group invested in an iron ore mine in South Africa. 100% The equity was once ordered to halt operations in order to introduce [new measures] due to its non-compliance with the new mining investment law. BEE The group became a new shareholder of the company. Later, disagreements between the two parties led to repeated delays in the iron ore project’s mining schedule. Eventually, they had no choice but to adopt the inclined shaft mining method—supposed to allow for faster production—but ironically, the outcome was just the opposite: ore output kept declining instead.
Technique Three: Taking advantage of someone’s misfortune and adding insult to injury—preying on others’ misfortunes.
Preying on others' misfortune is a strategy of taking advantage of someone else's time of crisis to reap personal gain.
In overseas mineral resource transactions, the practice of sellers taking advantage of changes in local laws and policies to reap profits has left domestic enterprises caught off guard.
Understanding policies and laws is a prerequisite before making any investment. However, some newly introduced tax and legal policies can still deal a significant blow to companies going overseas. According to available data, previously, a large domestic metal mining company had invested approximately in a certain African country. 3000 Ten thousand US dollars, expenditure 3 Over the course of a year, exploration work on the region’s large copper mine was completed. However, at that very moment, the country was undergoing a change in political parties. The new government deemed the copper mining permits issued by the previous administration “invalid” and subsequently revoked the original mining rights. 3000 The tens of thousands of dollars were just wasted.
Technique Four: Passing off inferior goods as superior ones and resorting to deception—offering a small stone to attract a jade.
Throwing a brick to attract jade is a strategy of giving first and then receiving.
In reality, overseas sellers often exploit the impatience and short-term mindset of domestic buyers by proactively offering small favors and incentives, thereby lowering Chinese companies’ guard and ultimately achieving their goal of passing off inferior products as high-quality ones.
Li Ang said that the biggest risk in overseas investments—buying and developing mines—is the “poor quality” of the mines themselves. According to him, local governments or companies often go all out to persuade Chinese enterprises to invest, but when Chinese companies actually start developing these mines, they frequently find either that the mine’s quality is poor or that, for various reasons, they’re unable to proceed smoothly with development.
Take Australia as an example—rich in mineral resources and closely connected with Chinese buyers—the local ecosystem is both abundant and fragile, making environmental protection a priority that surpasses that of many other countries. Since environmental protection represents a hidden risk, and mining areas are often located in environmentally sensitive regions, no one can accurately predict the specific environmental bottlenecks that will arise as exploration and development proceed.
Technique Five: Sacrificing a pawn to save the chariot, or sacrificing the chariot to protect the general—Li Dai Tao Jiang.
Li Dai Tao Jiang typically refers to a strategic approach characterized by the ability to pursue advantages and avoid harm—achieving significant gains by accepting minor losses.
In the process of Chinese enterprises making overseas mineral investment deals, overseas sellers sometimes appear to make certain sacrifices or bear some costs on the surface, all in exchange for greater benefits. This tactic—sacrificing a pawn to save the king—often leads Chinese companies to become overly excited about “grabbing” small gains, even becoming complacent and losing sight of other crucial details.
Although domestic enterprises are increasingly aware of the importance of drafting contracts when acquiring assets, to date, many Chinese companies still fail to recognize the value of paying substantial fees to local consulting firms and law firms in order to avoid conflicts during negotiations or to ensure they are not at a disadvantage when drafting contracts. This not only increases their likelihood of falling into traps to some extent but also tends to delay project schedules in later stages.
Foreign sellers often obtain more hidden additional terms through verbal commitments or by signing contracts, giving them an advantage in pricing and contract termination. Domestic buyers should carefully review the contract terms, clearly understand the conditions and details for implementing each clause, eliminate unilateral pricing and unfair terms, and avoid falling into sellers’ traps.
Technique Six: Shift Focus and Obfuscate the Truth—Deceive Heaven and Outwit the Sea
Mantian Guohai is a strategic tactic that involves presenting a false appearance while concealing the true intentions. Its real essence lies in using deception as a cover, making it difficult for others to detect the true plan and thereby enabling the successful completion of a specific mission.
Practice has proven that overseas mineral acquisitions are fraught with risks—especially in the processes of logistics and transportation, infrastructure investment, and mine-site operations management—where domestic enterprises often find themselves vulnerable to “accidental incidents.” One particular tactic—“deceiving the heavens and crossing the sea”—is employed by overseas sellers so seamlessly that it leaves no room for suspicion.
In South Africa, since a few major railway lines are “controlled” by international mining giants such as BHP Billiton, most Chinese companies investing in mineral extraction have no choice but to rely on road transport. Take manganese ore as an example: compared to rail transport, road transport costs per ton are significantly higher. 300 Doran, if the prices of related mineral products experience sharp fluctuations, Chinese companies will clearly find it difficult to reap significant benefits. A similar phenomenon is also occurring in other parts of Africa. Given that most African countries suffer from insufficient railway and road transport capacity, logistics resources are becoming “scarce.” In reality, undertaking infrastructure development requires enterprises to invest substantial amounts of money and a considerable amount of time; thus, overcoming these challenges is no easy feat.