Trading Bougainville Copper (ADRs) 867948

... Offenlegung der Aktionäre auch von der Commerzbank

mich beschleicht das Gefühl, daß diese Abfragen dazu dienen eine eventuelle Übernahme oder einen Verkauf vorzubereiten. O`Neill hat sich ja in Richtung Übernahme der Boc-Anteile von Rio schon geäusert.

Wer hat denn diese Abfragen getätigt ? Bzw. von wem gehen diese Abfreagen denn aus ?

Für irgendwelche Anschreiben oder Angebote an die Aktionäre braucht die Firma doch nicht die Adressen der einzelnen Aktionäre zu eruieren, oder? Das machen doch normalerweise die Lagerstellen automatisch. Wahrscheinlich wird eine Analyse der Aktionärsstruktur angestrebt. Aber wozu?

...aber wozu?....gute Frage. Dieses Thema ist nicht neu und hier schon diskutiert worden aber ohne ein greifbares Ergebniss. Vermutungen helfen da nicht weiter.;-)

soundcloud.com/abgcommunications/momis-addresses-panguna

ramumine.wordpress.com/2014/12/18/...e-the-might-of-rio-tinto/

December 18, 2014 · 11:52 am
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President Momis tells landowners to bow before the might of Rio Tinto

A mined mindIn an incredible address to Panguna landowners, made in February this year, President John Momis told communities to forget the crimes committed by Rio Tinto, and bow before the power of this corporate monolith.

Despite the fact Rio Tinto stands guilty of aiding and abetting the murder of civilians, Dr Momis argues that in fact to refuse Rio Tinto reentry into Panguna would be against international best practice. Does international best practice include aiding the slaughter of innocents?

Here are some of the most offensive passages from Momis’ speech:

   “Many people have asked, why is the ABG so beholden to BCL?

   Now the fact is this. The Bougainville Copper Agreement was made between the colonial Australian government and Rio Tinto. That agreement according to many of us, is a bad agreement. But unfortunately it is the agreement that governs the operation of the mine.

   So if we just ignore it, then we could be creating the impression that the ABG does not believe in good governance, does not believe in established international best practices.

   …

   But if we, even before we start talking with them, without testing the waters, without finding out from them whether they are genuine or not, decide to either nationalise Panguna mine, or just expropriate it, then we could be up for libel. Remember Rio Tinto is a very powerful company!

   Mining companies have their own associations, they dont step on each others toes they may compete against one another, but they have a very strong brotherhood, that has special rules and protocols that they respect.

   So my suggestion to landowners and the people of Bougainville is for us to start negotiating, get our mining law passed, and start negotiating with them”.

You can listen to the original speech here: soundcloud.com/abgcommunications/momis-addresses-panguna

The Chairman explained that the original list of members of the Panguna Land Owners Association Inc has been lost during the conflict and that after considerable effort in locating the Register it could not be found and that it was imperative to create a new Register of Members of attended at this meeting and following meetings. All Panguna landowners within the boundary of the old SML area are entitled to be members. The Chairman indicated that the Executive committee would work diligently over the next period to sign up as many landowners as possible to the Panguna Land Owners Association Inc.

The Chairman gave a report into the current status of the Bougainville Mining Bill 2014. He indicated that the Association was to seek a legal opinion from Warner Shand Solicitors as to the effect and implications of the proposed new Mining Bill. It was noted however that there had been some important changed from the Bougainville Mining Transitional Arrangements Act 2014 that one the face of it appeared to grant landowners a veto right at the exploration stage and again at the mining lease stage. These changed were welcomed but further analysis was required.

The following resolutions were carried unanimously

A. That Philip Miriori be appointed as Chairman of the Association for a period of three years when he may stand for re-election. (Passed Unanimously)

B. That Moses Pipiro be appointed as Vice Chairman of the Association for a period of three years when he may stand for re-election. (Passed Unanimously)

C. That Lynette Ona be appointed as Treasurer of the Association for a period of three years when he may stand for re-election. (Passed Unanimously)

D. That Stanley Ona be appointed as Public Officer of the Association for a period of three years when he may stand for re-election. (Passed Unanimously)

E. That the Report of the Chairman be received by the Panguna Land Owners Association (Passed Unanimously)

F. That Messrs PricewaterhouseCoopers be appointed as Auditors of the Panguna Land Owners Association. (Passed Unanimously)

ramumine.files.wordpress.com/2014/12/...ubmitted-nov-2014.pdf

AGB, MRA, BOC, PLOA incl.Mekamuis stehen in den Startlöchern u. Momis wird alles daransetzen den Verhandlungsmarathon vor den nächsten Präsidentschaftswahlen positiv abzuschliessen um als Vater der Independance in die Bouggy-Geschichte einzugehen. Mal sehen ob es klappt. ;-)))

...... durch Bougainville Copper Ltd. autorisiert:

Pr Agentur ?????????

Nasdaq 7 Floor, 18/20 Building
Upper McKinley Road, McKinley Hill
Fort Bonifacio, Taguig City
Philippines 1634

Australia pledges k120 million to Bougainville in 2015

bougainvillenews.com/2014/12/17/...on-to-bougainville-in-2015/

Australia’s Minister for Foreign Affairs, Hon. Julie Bishop MP, has pledged that her government will provide more than K120 million to the Autonomous Region of Bougainville in 2015.

It is expected the funds will be used for projects related to health, education, road infrastructure and social issues.Bishop made the announcement in Arawa on Tuesday 16 December as part of her two day tour of Bougainville.

“Australia comes as your friend,” Ms Bishop said, “I’m so impressed by the commitment and energy shown by the people of Bougainville to peace building.”

“The government of Australia will always be a partner and will support everything that is done for the good of Bougainville and its people.”

Übermittlung nachstehender Daten:
Vollständiger Name und Wohnsitz
ISIN / WKN
Stückzahl
Herkunft der Stücke (Kauf, Depoteingang, ggf. aus Kapitalmaßnahme)



Letztes Mal lief das über TR Australien. Diesmal über Nadaq Pillipines. Diesen Zusatz gabs letztes Mal auch nicht:

"Sollten wir
bis zum 15.01.2015 keine Rückmeldung erhalten, erfolgt seitens der ...bank keine Übermittlung
persönlicher Daten. Bei fehlender Offenlegung Ihrer Daten sieht das papua-neuguineischen Gesetz
Konsequenzen vor. Dies kann zu Geldstrafen, Verfügungssperren oder weiteren Sanktionen führen."




Ich glaube, das ist jetzt die 3. Datenerhebung. 3mal Daten erheben? Die Adressen bleiben doch gleich!? - Aber es ändern sich evtl. Stückzahlen. Man möchte also Rückschlüsse über die Aktienströme der Halter innerhalb der Nominees gewinnen, denn die Daten der registrierten Halter liegen ja tagesaktuell vor.

Die Vorgehensweise wäre dazu geeignet "Unregelmäßigkeiten" aufzudecken. Dann noch der Verweis auf die Sanktionen - es scheint wirklich wichtig zu sein.  

Oder wofür wäre es sonst noch wichtig Kenntnis über die Aktienströme einer Gesellschaft zu erhalten?

gehaltenen aktien? wer kann da was sagen?

die mehrfachen Anfragen könnten darauf hindeuten, daß jemand versucht den günstigsten Augenblick für ein Übernahmeangebot abzupassen ??

Kennt sich denn jemand mit diesem papua-neuguineischen Gesetz aus?
Wer weiß, was da noch alles so drin steht. Wäre vielleicht gut, hier Infos zu kriegen.

Nowhere is the complex, contested, and contradictory nature of peacebuilding more apparent than on the Melanesian island of Bougainville, which sits on the easternmost border of Papua New Guinea. For most of the 1990s it was embroiled in a bitter war that pitted Papua New Guinea Defence Force (PNGDF) troops against Bougainville Revolutionary Army (BRA) guerrillas.

The Bougainville conflict

The hostilities were triggered by a major copper and gold mine owned by British-Australian mining giant Rio Tinto, and operated by its Papua New Guinea subsidiary, Bougainville Copper Limited (BCL). The mine was emblematic of a contested process of social change on Bougainville that had eroded biocultural diversity and community cohesion in a part of the world where both are revered.

Out of increasingly bitter intra-community tensions, and hostility towards foreign exploitation, emerged a radical anti-capitalist movement that sort to preserve Melanesian communitarian and ecological values in the face of the dissolving effect of global market forces. The expropriation of Rio Tinto, and then secession, would become the preferred avenue for achieving these ends.

However, before Bougainville could recalibrate its position within the global economy, the revolutionary currents within the BRA – the force also had more ‘moderate’ strains – would need to defeat the PNGDF, who were armed and advised by the Australian Defence Force (ADF), and logistically supported by BCL. They also faced internal resistance from domestic factions on Bougainville who had benefited from the commercialisation of the rural economy and the extractive industries.

BCL infrastructure at Panguna was availed to the PNGDF. Photo courtesy of Clive Porabou. All rights reserved.

BCL infrastructure at Panguna was availed to the PNGDF. Photo courtesy of Clive Porabou. All rights reserved.

Out of this contested situation a brutal war developed that left between 10,000 and 20,000 people dead. No party to the hostilities can maintain the high moral ground, but the violence employed by the PNGDF, with ADF and corporate backing, was particularly devastating.

Thousands were displaced by offensive operations which saw villages indiscriminately levelled. Equally indiscriminate was the violence against civilians: torture and extra-judicial killings were commonplace, so was rape.

None of this could have occurred without the Australian government underwriting the PNGDF onslaught. They plied pressure on the government to ratchet up its counterinsurgency, and then supplied the means to wage war on a largely civilian population.

Equally BCL played its role; the company provided the PNGDF with trucks, fuel, accommodation, messing and medical facilities, storage space, communications equipment and secretarial services.

The war would continue until 1997 when a ceasefire was reached. This paved the way for a permanent peace agreement signed in 2001. The latter grants Bougainville special autonomy status, and a referendum over independence that will take place within the next five years.

Peace and denial

Since 1997 an intricate peacebuilding process has taken place. To that end, considerable headway has been made with respect to local reconciliation, and the establishment of an Autonomous Bougainville Government with significant devolved powers. These are important milestones and have rightly been celebrated.

However, certain lacunas remain. For example, there has not been any form of redress for the crimes committed by state and corporate actors. Also, much more needs to be done with respect to acknowledging conflict legacies (good and bad), analysing the structural processes which prompted the hostilities, and recording/commemorating the memories of those who endured the violent upheavals of war.

Indeed, some of these more contentious processes have been actively suspended or side-lined in the name of securing the peace. A demonstrative example is the Bougainvillean class action launched against Rio Tinto in 2001 employing the US, Alien Tort Statute. While the action was not without problems, it represented the first innovative attempt by victims to seek reparations from Rio Tinto, albeit using a rather obscure foreign statute.

The mine’s scars remain at Panguna. Photo courtesy of Clive Porabou. All rights reserved.

The mine’s scars remain at Panguna. Photo courtesy of Clive Porabou. All rights reserved.

The British and Australian governments bitterly protested the action.

In a stark warning to the US State Department, Australia’s Department of Foreign Affairs and Trade (DFAT) underlined the fragility of Bougainville’s peace. The class action, it argued, ‘would be an unsettling and destabilising event in circumstances where the need for stability and certainty on the island is paramount’.

Then in the worst neo-colonial tradition, where paternalistic officials presume to know what is best for people over whom they have no rightful mandate, DFAT’s First Secretary claimed, ‘if the peace process were to be disrupted by this court case the welfare of the people on the island would suffer’.

Britain was more candid in its motivations for opposing the class action. In government records recently uncovered by the Corporate Responsibility Coalition, the Foreign and Commonwealth Office (FCO) acknowledged the impact their opposition to the Bougainvillean action would have:

   ‘It could also be interpreted as cutting across our stated ambition to challenge impunity and to help deliver justice to victims of the most serious of international crimes’.

But compelling factors outweighed these concerns:

   ‘Extraterritorial jurisdiction is a problem for business, particularly in the US courts which have power to make very high damages awards. [redacted] Supporting Rio Tinto in this case (and more generally the interests of UK business as a whole) is consistent with the FCO’s commitments under our Charter for Business’.

The class action was indeed snuffed out in 2013 on jurisdictional grounds, as the FCO and DFAT had hoped.

Contesting post-conflict reconstruction

But it is not merely the haughty application of imperial power that is impeding a thoroughgoing process of healing and reflection. The Autonomous Bougainville Government’s (ABG) ambition to rebuild a market-economy on Bougainville has also had an unexpected constraining effect.

To that end, Dr John Momis, the ABG President, has consistently argued that only by reinvigorating the extractive industries on Bougainville can peace and independence be secured. He has received auxiliary support for this initiative from the Australian government and the World Bank.

Momis contends that ‘the ABG supports re-opening Panguna’, because he claims, ‘we see that as the most realistic way of contributing to broad-based economic growth, and generating the ABG revenues required to meet the needs of our people’. It is also his argument that landowners from the Panguna region welcome the return of BCL as the preferred operator:

   ‘Leaders of the landowners from the mine lease areas have consistently indicated that they prefer to deal with BCL rather than a new potential operator. They talk of preferring the “devil they know, and not a new devil”’.

However, a more contested narrative has emerged in a recent report published by Jubilee Australia in collaboration with the International State Crime Initiative and Papua New Guinea NGO, the Bismarck Ramu Group.

The Jubilee Australia report at the centre of recent debate.

The Jubilee Australia report at the centre of recent debate.

Based on 82 accounts provided by a cross-section of society in the mine affected area, participants talk of a modern history punctuated by the marginalisation, dispossession and immiseration of landowning communities. The war in this sense was the sharpest expression of a much broader social current that has threatened their ways of life and sovereignty. Participants also expressed a deep fear that this process will continue, but this time at the hands of the autonomous government.

Bougainville’s President was affronted by the testimony and took the unusual step of reporting Jubilee Australia to the Australian High Commission. To date he has labelled the report ‘deeply racist’ and ‘divisive’. Indeed, over the course of numerous media interventions and three letters that stretch to 26 pages in length, the President catalogues a range of grievances. Most significantly he accuses Jubilee Australia of harming the peace process, ‘undermining the authority’ of his ‘fledgling government’, and dividing communities. The President has demanded Jubilee formally apologise and retract the report.

Dr Momis adopted a similar line in 2013 when a UN Gender Violence Survey raised concerns over heightened interpersonal violence against women. Here again the authors were accused of racism and an apology was demanded.

Post-conflict reconstruction and transformative justice

Bougainville has reached a challenging phase in the transitional process. Despite the considerable achievements made with respect to local reconciliation, modest efforts designed to confront impunity, reflect on the past, and raise sensitive legacy issues, are still being framed by certain organisational actors as deeply incendiary acts that could unravel the peace. None of which is to impute mala fides to the latter actors, indeed the above criticisms should be seen as the genuine concerns of a government and its allies, in dealing with a challenging post-conflict environment.

Nevertheless, it is important to acknowledge the constraining effects which international political economic currents have on those managing the transitional process. For governments of small, resource-rich island states in search of an expanded revenue base, there is an orthodox tendency to court those industries which hold the prospect of commanding large flows of capital – with commensurate profits – from which a relatively sizable volume of taxation can be subtracted.

With that in mind, the ABG and its international advisers, have strongly argued that the extractive industries hold out the best hope of attracting large injections of capital, from which revenues can be garnered to help strengthen the ABG, stimulate rural industries, and quench popular desires for a post-conflict dividend. This is not the place to reflect on the latter economic model, the critical point is, as a result of these calculations, a premium has been placed on local reconciliation efforts as a buttress for stability, in addition to programmes that help build government capacity, including the management of the extractive industries.

On the other hand, peace-making processes that confront state-corporate impunity, register enduring legacy issues, and critically reflect on the past and its structural dynamics – all of which might prove more uncomfortable for state-corporate actors, especially those instrumentally involved in Bougainville’s extractive industries – are being dismissed as the remit of divisive hardliners, or worse still the naïve offerings of foreign anti-mining activists. This marginalisation of certain peacemaking currents, it would seem, is prompted by a genuine belief on the part of certain actors that these types of critical interventions will seriously deter investors, and quash Bougainville’s most viable chance for achieving an independent, sustainable future.

In effect, what we are confronting here is a constraining force that emerges in post-conflict environments when critical spokes in the peacemaking process, namely post-conflict reconstruction and transformative justice, come into confrontation. This confrontation, where the former is often the frequent victor, cannot be blamed on any one organisational actor. Rather, it must be seen as an articulation of broader contradictions in the political economic currents which frame transition, wherein the sterile, objective needs of capital, for a range of reasons, take precedence over the subjective needs of traumatised, conflict-affected peoples.

Yet this begs the question, what does peace mean if it entails rebuilding the very structural dynamics that prompted conflict (including the dispossession of landowners), and silencing forms of civil society resistance that have the potential to avoid contention from taking an armed form?

This question is not for Bougainville alone to wrestle with. It is a dynamic that goads many post-conflict societies, who are facing the bleak reality of the structural dynamics that so many sacrificed so much to transform; except that now to question these dynamics is to become labelled an opponent of peace and progress, on occasion by the very actors that were instrumental in overseeing brutal state violence.

It is important, therefore, that transitional environments are recognised as the critical sites of contention that they are, despite the frequent appeals to unity of purpose. And that within this contested environment deeply unequal distributions of power exist – even where ‘bottom up’ practice is hotly championed – that can trigger new cycles of dispossession and marginalisation under the delusive garb of peacebuilding, security and ‘moving on’.
ramunickel | December 20, 2014 at 9:28 am | Tags: Bougainville, Environmental damage, Human rights, Landholders, Panguna, Papua New Guinea, PNG development, Rio Tinto, war crimes | Categories: Corruption, Environmental impact, Financial returns, Human rights, Papua New Guinea | URL: wp.me/pMvf7-3U7

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ramumine.wordpress.com/2014/12/20/...denial-and-dispossession/  

...Diskussionen/Beiträgen  dazu , also 2013 und früher, die das Thema ADR in den Vordergrund
stellten und da einen Konsens herstellten, sind in meinen Augen noch die wahrscheinlichsten.
Es könnte für die Firma BCL doch noch immer ungewiss sein ob seinerzeit durch die Banken ein grössere Anzahl ADR´s in Umlauf gebracht wurden als Aktien in den Verwahrstellen bzw. in den Depot´s liegen. ;-))

Wenn da keine Klarheit herrscht könnte doch eigentlich jedwede Änderung (Ankauf oder Verkauf) grösserer Positionen den Erfolg einer solchen Aktion in frage stellen,
ich meine da wo es letztendlich um Stimmenmehrheiten geht.  

Natürlich geht es darum die über die Nominees gehaltenen Positionen zu eruieren.

http://www.treasury.gov.au/documents/1446/PDF/..._Financial_Group.pdf

......lässt darauf schliessen dass weit über 40 Mill. BOC Shares short waren welche zum Grossteil nicht gecovert werden konnten.

siehe auch

http://www.ariva.de/forum/...NVILLE-852652-276718?page=81#jumppos2050

Durch den Nicht-Tausch von ADRs in Originale konnte diese Anzahl zwar reduziert, aber unmöglich komplett aufgelöst werden.

Auf der ESBC HP kannst du dir die Annual Reports (mit den jeweils Top 20 Shareholder downloaden u. selbst deine Berechnungen dazu anstellen. ;-)))

z.B. http://www.bougainville-copper.eu/mediapool/59/...nnualReport2000.PDF

(Im Link jeweils die Jahreszahl ändern)

Wäre schön, wenn sich Rio Tinto hierzu nun endlich mal äußern würde.



**************************************************
18 August 2014
Rio Tinto to review options in Bougainville Copper Limited

In light of recent developments in Papua New Guinea, including the new mining legislation passed earlier this month by the Autonomous Bougainville Government (ABG), Rio Tinto has decided now is an appropriate time to review all options for its 53.83 per cent stake in Bougainville Copper Limited (BCL).

For some time, BCL has been involved in discussions with the Government of Papua New Guinea, the ABG and landowners about whether it would participate in a future potential return to mining at Panguna.

Quelle: www.riotinto.com/documents/..._Bougainville_Copper_Limited.pdf
*************************************************

amunickel posted: " Hot Copper Forum - 16/12/14 The draft act. Yeah, we'll see how far this goes. You only have to read that to realise the locals will be dead against it (may be not Momis and his wontoks who im sure would be filling their pockets if this arrangement "
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What the investors are saying about the Bougainville Mining Legislation
by ramunickel

Mining Act ASI

Hot Copper Forum - 16/12/14

The draft act. Yeah, we'll see how far this goes. You only have to read that to realise the locals will be dead against it (may be not Momis and his wontoks who im sure would be filling their pockets if this arrangement occurred).

There is no way Momis will be allowed by the people to hand back the pre-war rights to BCL. Which is essentially what its saying. He would be better of tendering it again and making someone pay for it. The only reason not to would be self serving (ie, corruption).

My bet is it won't get up. And if it does, the locals will wage war (not actually war but constant problems) again.
ramunickel | December 21, 2014 at 2:07 pm | Tags: ABG, Human rights, John Momis, Landholders, Mining Law, Panguna, Papua New Guinea, Rio Tinto | Categories: Human rights, Papua New Guinea | URL: wp.me/pMvf7-3Uk

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leben die Menschen dort von einem Dollar am Tag.
Zitat:
Mining and oil production had reaped 60 billion U.S. dollars since independence 40 years ago, but 40 percent of PNG's 7 million mostly rural population lived on less than a dollar a day and a quarter of children had no schooling, Glenn Banks, an associate professor in Development Studies at Massey University, said in a statement.
Quelle:
ramumine.wordpress.com/2014/12/22/...-kiwi-development-expert/

Quelle : dev.postcourier.com.pg/kids-place/

President Momis reconciles with North Bougainville former BRA combatants

Peace and reconciliation among Bougainvilleans from issues stemming from the Bougainville Conflict remains an integral part of the region’s development.

Autonomous Bougainville Government President John Momis exemplified the gesture by reconciling with former combatants from the Solos area in North Bougainville last Friday at Kahule Primary School.

During the height of the Bougainville Crisis in 1997, President Momis was captured by the northern element of the Bougainville Revolutionary Army (BRA)at Tinputz District.

What followed was a grueling march through some of Bougainville’s roughest terrain that saw President Momis, who was then Governor of Bougainville, being led by his captors all the way up to Panguna – the stronghold of the leader of the BRA Late Francis Ona.

After a month in captivity up in Ona’s Guava village, Momis was released in good faith by Ona and this sudden move also paved way for the peace process in Bougainville.

Former BRA veteran Eddie Mohin made an emotional speech as he asked for the president’s forgiveness for his actions but he explained that he was simply following orders from the BRA high command and that was to capture a prominent Bougainvillean leader which eventually would mean both sides suing for peace.

Mr Mohin said although he had personally reconciled with President Momis, this public reconciliation was to show the people of his Tonsu constituency and Bougainville the true meaning of peace within Bougainvilleans.

“I have no quarrel or ill will towards .................