The Law of Mongolia Artisanal and Small Scale Mining

TRANSITORY AND FINAL PROVISIONS
Article 36. Pre-existing ASSM operations
36.1 The ASSM operations that existed prior to the promulgation of this act shall
have priority in obtaining the ASSM license in the area in which they were
working prior to the promulgation of the regulation
36.2 The exercise of the priority right under this act, in the case of partnerships or
other kinds of pre-existing mineral exploitation organizations shall be
exercised through those new legal arrangements in accordance with the
corresponding ASSM license type
36.3 Each member of the previous partnership or other kinds of pre-existing
mineral exploitation organizations shall have the right to participate in the
new legal arrangement in accordance with the corresponding ASSM
license type
36.4 A member of a partnership or a member or other kinds of pre-existing
mineral exploitation organization may decide not exercise the priority right
and in this case shall not participate in the new legal arrangement
36.5 In the case of or other kinds of pre-existing mineral exploitation
organizations, proof of pre-existing operations shall be required
Article 37. Pre-existing ASSM operations in areas of exploration or mining
licenses
37.1 The agreements signed between the exploration or mining license holder
under the Minerals Law and ASSM operations before the promulgation of
this act are valid
37.2 The agreements signed before the promulgation of this act that do not
meet the minimum requirements defined in the complementary regulation
referred to in article 28.2 shall be amended accordingly
37.3 A copy of the agreement shall be sent to local designated government
mining agency to fulfill the requirement of validation referred in article 29
37. 4 The areas subject to unauthorized ASSM access or activities prior to the
promulgation of this act may be the subject of object of a simplified mining
activities agreement if the holder of an exploration or mining license
consents
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