Tag Archives: Environmental Law

United Nations Development Program in Mongolia

Assistant Secretary General of the United Nations and Director of the Regional Bureau for Asia and Pacific at the United Nations Development Programme (UNDP) Haoliang Xu, is meeting with Mongolian officials to review and discuss the United Nations Development Assistance Framework, a plan for the continued development of Mongolia in years 2017 through 2021.

Mongolia’s cooperation with the UN Agency is intended to assist in the development of new renewalble energy sources in Mongolia and improving Mongolia’s capacity to implement legal and regulatory reform in areas important to preventing and responding to environmental risks. Also priorities are general economic development, and implementation of international principles of rule of law.

The UN Agency is also expected to work with Mongolia in cultivating new ideas and programs for the reduction of air pollution in Ulaabaatar, which has become a problem in recent years, particularly winter. Initiatives to promote the private sector in Mongolia will also be discussed.

Continued cooperation between Mongolia and international organizations such as Mongolia are expected to bring long term benefits as Mongolia navigates trends of increasing urbanization and seeks modernization and development in both its economy and its legal system. Continued cooperation with UN agencies helps to promote stability and prosperity in the country.

New Partnership to Improve Mongolian Construction Standards

The Mongolia Ministry of Construction and Urban Development (MCUD) signed a new MOU with the IFC for the joint development of new regulations and policies to promote environmentally friendly construction in Mongolia.

In one respect, Mongolia is one of the Most urbanized countries in Asia, with 72% of its population living in a city. However about 60% of city dwellers live in traditional tent-like gers. Many of these gers, as well as newer housing rely on stoves or coal burning to provide heating in the cold winter. This contributes to pollution and health problems.

Mandatory measures are expected to provide significant benefits in the reduction of pollution and improving public health. The partnership between MCUD and IFC is intended to promote stronger energy efficiency regulations and sustainable construction.

The Government of Mongolia aims to reduce heat losses from buildings by 20 percent by 2020 and 40 percent by 2030, compared to 2014 levels.

Don’t Get Your Mongolia Mining License Revoked

The Mongolian mining industry is a big part of the firm’s client base. Of course, mining in Mongolia is a very carefully regulated sector. Mongolian mining companies require a special mining license to legally manage a mine or conduct geological exploration activities. In some cases, a valid mining license may be revoked by the government. It is important to be mindful of these circumstances so that steps may be taken to avoid such a risk.

The State administrative agency will revoke a mining and exploration license on the following grounds:

One of the general requirements to hold exploration and mining license are that the legal entity holding the mining license, should be incorporated under the laws of Mongolia and must be Mongolian taxpayer for the entire duration of a valid license. Without meeting this requirement will be one of the grounds to be revoked the licenses. If a company is not paying correct taxes, it is at risk.

Another important requirement is to pay license fees on time as specified in the law. The amount of the license fee will be calculated on the basis of the measurements of the real estate covered by the license. Timely payment of the required license fees will be determined by the date of the transaction as recorded at the bank. The license holder must pay the license fees each year in advance, on or before the anniversary date of the issuance of the license. If the fee is not paid in advance, the company will be levied fines of 0.3 percent of the annual payment amount for each day overdue. If payment is overdue for 30 days or more the license is at risk of being revoked.

Where a designated area for exploration or mining has been reclassified as a “special purpose territory” by a decision of the Government, or it has been prohibited by the law to explore or mine in such area, the government may compensate the mining and exploration license holder, and duly revoke the license ;

If a company holding an exploration license is not conducting expected exploration activities, as indicated by annual exploration expenditures being lower than the expected minimum cost of exploration, the license for such exploration may be revoked.

A license may be revoked if environmental authorities determine the license holder has not adequately carried out its environmental conservation duties.

Where a designated area for exploration or mining has been identified as a cultural heritage area, the license will be revoked.

If it is determined that the license holder has breached obligations under Mongolian Law as it relates to fresh water conservation, the license will be revoked.